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Books > Law > International law > International criminal law

Transitional Justice, Peace and Accountability - Outreach and the Role of International Courts after Conflict (Paperback):... Transitional Justice, Peace and Accountability - Outreach and the Role of International Courts after Conflict (Paperback)
Jessica Lincoln
R1,519 Discovery Miles 15 190 Ships in 12 - 19 working days

The book looks at the outreach and communication strategies employed by internationalised courts to try to understand the wider impact of international justice. This book critically examines the role of outreach within international justice focusing specifically on the role of outreach at the Special Court for Sierra Leone (SCSL). It contributes to understanding of the relationship between international courts and the affected populations; an area currently underexplored and little understood. The assumption that justice brings peace underpins much of the thinking, and indeed action, of international justice, yet little is known if this is actually the case. Significant questions surrounding the link between peace and justice remain: do trials deter would-be war criminals; is justice possible for the most heinous crimes; can international justice replace local justice? This book explores these questions in relation to recent developments in international justice that have both informed and shaped the creation of the hybrid tribunal in Sierra Leone. Through empirical analysis, Transitional Justice, Peace and Accountability, answers these questions and provides an insight into individual and community perceptions of international justice. This book will be of much interest to students of transitional justice, war crimes, peace and conflict studies, human rights, international law, and IR in general.

Transitional Justice and Reconciliation - Lessons from the Balkans (Paperback): Martin A Fischer, Olivera Simic Transitional Justice and Reconciliation - Lessons from the Balkans (Paperback)
Martin A Fischer, Olivera Simic
R1,593 Discovery Miles 15 930 Ships in 12 - 19 working days

Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia - albeit to different degrees - are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.

Holocaust and Genocide Denial - A Contextual Perspective (Hardcover): Paul Behrens, Nicholas Terry, Olaf Jensen Holocaust and Genocide Denial - A Contextual Perspective (Hardcover)
Paul Behrens, Nicholas Terry, Olaf Jensen
R4,574 Discovery Miles 45 740 Ships in 12 - 19 working days

This book provides a detailed analysis of one of the most prominent and widespread international phenomena to which criminal justice systems has been applied: the expression of revisionist views relating to mass atrocities and the outright denial of their existence. Denial poses challenges to more than one academic discipline: to historians, the gradual disappearance of the generation of eyewitnesses raises the question of how to keep alive the memory of the events, and the fact that negationism is often offered in the guise of historical 'revisionist scholarship' also means that there is need for the identification of parameters which can be applied to the office of the 'genuine' historian. Legal academics and practitioners as well as political scientists are faced with the difficulty of evaluating methods to deal with denial and must in this regard identify the limits of freedom of speech, but also the need to preserve the rights of victims. Beyond that, the question arises whether the law can ever be an effective option for dealing with revisionist statements and the revisionist movement. In this regard, Holocaust and Genocide Denial: A Contextual Perspective breaks new ground: exploring the background of revisionism, the specific methods devised by individual States to counter this phenomenon, and the rationale for their strategies. Bringing together authors whose expertise relates to the history of the Holocaust, genocide studies, international criminal law and social anthropology, the book offers insights into the history of revisionism and its varying contexts, but also provides a thought-provoking engagement with the challenging questions attached to its treatment in law and politics.

Overcriminalization - The Limits of the Criminal Law (Hardcover): Douglas Husak Overcriminalization - The Limits of the Criminal Law (Hardcover)
Douglas Husak
R2,048 Discovery Miles 20 480 Ships in 12 - 19 working days

In the US, one out of every 138 residents is incarcerated. The size of the prison population has quadrupled since 1980. Approximately 2.4% of Americans are either on probation and parole. The US has the highest rate of criminal punishment in the Western world. The problem with American criminal law, as the philosopher of law Douglas Husak and many others see it, is that there is simply too much of it. Recent years have seen a dramatic expansion in the amount of criminal statutes, and in the resulting reliance on punishment for convictions under those laws. Husak argues that this is regrettable for several reasons, but most importantly, he says that much of the resulting punishment is unjust, excessive, and disproportionate. He also claims that it is destructive to the rule of law and undermines the principle of legality. What should be done?
Husak's goal in this book is to formulate a normative theory of criminalization that will allow us to distinguish which criminal laws are justified, and which are not--something he sees as essential in order to reverse the trend towards too many criminal laws. The first part of his book makes the case that there is both too much criminal law and too much punishment, and clarifies the relationship between the two using empirical data. He then provides examples of dubious criminal laws enacted by legislatures, in particular statutes on drugs possession and guns. The latter part of the book develops his theory, which establishes principles that should set limits (both external and internal to the criminal law) on what we can and should criminalize.

Transnational Organized Crime - A Commentary on the UN Convention and its Protocols (Hardcover, New): David McClean Transnational Organized Crime - A Commentary on the UN Convention and its Protocols (Hardcover, New)
David McClean
R4,883 Discovery Miles 48 830 Ships in 12 - 19 working days

The Convention Against Transnational Organized Crime represents a major step forward in the internationally co-operative fight against transnational organized crime. This book offers a comprehensive, article by article legal commentary on the UN Convention Against Transnational Organized Crime and its two Protocols on Trafficking in Persons and Smuggling of Migrants. The Convention was adopted by the General Assembly in 2001, and came into force in 2003 with over 75 State Parties. The Convention defines offences, and lays down rules as to the co-operation of State Parties in various procedures aimed at preventing and detecting those offences, such as mutual legal assistance, extradition, law-enforcement cooperation, technical assistance and training, and the seizure of assets obtained by their commission. This commentary analyses the nature of transnational organized crime, in particular the aspects which the Convention articles address, and examines how it has been implemented since it came into force.

Universal Jurisdiction in International Criminal Law - The Debate and the Battle for Hegemony (Hardcover): Aisling... Universal Jurisdiction in International Criminal Law - The Debate and the Battle for Hegemony (Hardcover)
Aisling O'Sullivan
R4,721 Discovery Miles 47 210 Ships in 12 - 19 working days

With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice -one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice's Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi's work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O'Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O'Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.

Transnational Crime - Law, Theory and Practice at the Crossroads (Hardcover): Jessica Roher, Maryam Khalid, Nicola Guarda Transnational Crime - Law, Theory and Practice at the Crossroads (Hardcover)
Jessica Roher, Maryam Khalid, Nicola Guarda
R4,420 Discovery Miles 44 200 Ships in 12 - 19 working days

Philip Jessup coined the term "transnational law" in his Storrs Lecture on Jurisprudence delivered in 1956 to describe law that regulates activities or actions that transcend national borders. The term redefined the development and practice of the law, and became a distinct field of study. In 2001, Neil Boister applied Jessup's concept to the field of criminal law and identified the emergence of transnational criminal law in a formative article published in the European Journal of International Law. Inspired by Boister's work, the editors of the journal Transnational Legal Theory sought contributions from leading academics and practitioners for a symposium issue on transnational criminal law. In their papers, the authors built upon and developed novel approaches to legal issues arising in an increasingly globalized world, where both crimes and the regulation of crimes transcend borders. The publication of this book marks the sixtieth anniversary of Jessup's seminal lecture and exemplifies the significant impact that Jessup, and later Boister, have had on legal scholarship and practice in the area of criminal law. We are honoured to publish the symposium as a monograph and to contribute to this rapidly evolving field. This book was previously published as a special issue of Transnational Legal Theory.

Transnational Organised Crime - A Comparative Analysis (Hardcover): Tom Obokata, Brian Payne Transnational Organised Crime - A Comparative Analysis (Hardcover)
Tom Obokata, Brian Payne
R5,021 Discovery Miles 50 210 Ships in 12 - 19 working days

Organised crime covers a wide range of activities, including drug trafficking, illegal trafficking of people, and fraud. The existence of a land border does not impede these operations; instead in many cases it is used to their advantage. In response, law enforcement strategies must include a transnational, multi-agency approach. This book critically analyses the extent to which Northern Ireland and the Republic of Ireland have been successful in implementing effective action against transnational organised crime. It explores the adoption of key law enforcement strategies and measures in these jurisdictions, and evaluates how regional (EU law) and international (UN Convention) standards have been implemented at the national level. Drawing on interviews with over 90 stakeholders including the Department of Justice Northern Ireland, the Department of Justice and Equality in Ireland, the Police Service of Northern Ireland and An Garda Siochana, Tom Obokata and Brian Payne discuss the factors affecting the effective prevention and suppression of organised crime, particularly in relation to cross-border cooperation. In exploring challenges of transnational crime and cooperation, this book will be of great use to students and researchers in international and transnational criminal law, criminology, and crime prevention.

The Concept of the Civilian - Legal Recognition, Adjudication and the Trials of International Criminal Justice (Paperback):... The Concept of the Civilian - Legal Recognition, Adjudication and the Trials of International Criminal Justice (Paperback)
Claire Garbett
R1,702 Discovery Miles 17 020 Ships in 12 - 19 working days

The Concept of the Civilian: Legal Recognition, Adjudication and the Trials of International Criminal Justice offers a critical account of the legal shaping of civilian identities by the processes of international criminal justice. It draws on a detailed case-study of the International Criminal Tribunal for the former Yugoslavia to explore two key issues central to these justice processes: first, how to understand civilians as a social and legal category of persons and second, how legal practices shape victims' identities and redress in relation to these persons. Integrating socio-legal concepts and methodologies with insights from transitional justice scholarship, Claire Garbett traces the historical emergence of the concept of the civilian, and critically examines how the different stages of legal proceedings produce its conceptual form in distinction from that of combatants. This book shows that the very notions of civilian, protection and redress that underpin current practices of international criminal justice continue to evoke both definitional difficulties and analytic contestation. Using a unique interdisciplinary approach, the author provides a critical analysis of the relationship between mechanisms of transitional justice and civilians that will be of interest to scholars and students in the fields of transitional justice, sociology, law, politics and human rights.

Assessing the Long-Term Impact of Truth Commissions - The Chilean Truth and Reconciliation Commission in Historical Perspective... Assessing the Long-Term Impact of Truth Commissions - The Chilean Truth and Reconciliation Commission in Historical Perspective (Paperback)
Anita Ferrara
R1,826 Discovery Miles 18 260 Ships in 12 - 19 working days

In 1990, after the end of the Pinochet regime, the newly-elected democratic government of Chile established a Truth and Reconciliation Commission (TRC) to investigate and report on some of the worst human rights violations committed under the seventeen-year military dictatorship. The Chilean TRC was one of the first truth commissions established in the world. This book examines whether and how the work of the Chilean TRC contributed to the transition to democracy in Chile and to subsequent developments in accountability and transformation in that country. The book takes a long term view on the Chilean TRC asking to what extent and how the truth commission contributed to the development of the transitional justice measures that ensued, and how the relationship with those subsequent developments was established over time.It argues that, contrary to the views and expectations of those who considered that the Chilean TRC was of limited success, that the Chilean TRC has, in fact, over the longer term, played a key role as an enabler of justice and a means by which ethical and institutional transformation has occurred within Chile. With the benefit of this historical perspective, the book concludes that the impact of truth commissions in general needs to be carefully reviewed in light of the Chilean experience. This book will be of great interest and use to students and scholars of conflict resolution, criminal international law, and comparative legal systems in Latin America.

Anti-Money Laundering - International Law and Practice (Hardcover): W.H. Muller Anti-Money Laundering - International Law and Practice (Hardcover)
W.H. Muller
R3,933 Discovery Miles 39 330 Ships in 12 - 19 working days

Anti-money laundering has become increasingly important and complex for anyone involved in international financial services - from bankers, fiduciaries and trustees to lawyers, accountants, fund managers and many others. The USA Patriot Act and the FATF's standards regarding anti-money-laundering (AML) and to combat the financing of terrorism (CFT) are just two significant measures which, together with other relevant legislation in individual countries, have created a complex, globally interconnected system of laws and regulations that international financial professionals must understand.

The complexity of AML/CFT regulations in different countries is so immense that there is an obvious need for a practical, concise handbook that gives clear information in this field for all those involved in relevant international business.

"Anti-Money Laundering: International Law and Practice" gives a concise overview of:

how institutions like the UN Security Council, the EU or the Wolfsberg Forum develop ways to fight money laundering and terrorist financing, and how the Recommendations of the FATF and the Directives of the European Commission concerning AML/CFT are implemented in the legislation of their member countries includes detailed information from a wealth of specialists outlining the implementation of anti-money laundering measures in a total of 41 countries and territories.

Accordingly, the handbook is a must for anyone whose activities are affected by AML/CFT regulations as well as the principal point of reference in this field from an international perspective.

Justice for Victims before the International Criminal Court (Paperback): Luke Moffett Justice for Victims before the International Criminal Court (Paperback)
Luke Moffett
R1,522 Discovery Miles 15 220 Ships in 12 - 19 working days

Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.

Critical Approaches to International Criminal Law - An Introduction (Paperback): Christine Schwoebel Critical Approaches to International Criminal Law - An Introduction (Paperback)
Christine Schwoebel
R1,740 Discovery Miles 17 400 Ships in 12 - 19 working days

Drawing on the critical legal tradition, the collection of international scholars gathered in this volume analyse the complicities and limitations of International Criminal Law. This area of law has recently experienced a significant surge in scholarship and public debate; individual criminal accountability is now firmly entrenched in both international law and the international consciousness as a necessary mechanism of responsibility. Critical Approaches to International Criminal Law: An Introduction shifts the debate towards that which has so far been missing from the mainstream discussion: the possible injustices, exclusions, and biases of International Criminal Law. This collection of essays is the first dedicated to the topic of critical approaches to international criminal law. It will be a valuable resource for scholars and students of international criminal law, international law, international legal theory, criminal law, and criminology.

Peace and Justice at the International Criminal Court - A Court of Last Resort, Second Edition (Hardcover, 2nd edition): Errol... Peace and Justice at the International Criminal Court - A Court of Last Resort, Second Edition (Hardcover, 2nd edition)
Errol P. Mendes
R3,183 Discovery Miles 31 830 Ships in 12 - 19 working days

Peace and Justice at the International Criminal Court focuses on the evolution and the present-day work of the International Criminal Court, a historic global institution. Errol P. Mendes provides a compelling argument that there can never be a sustainable peace in conflicts unless the cause of justice is also addressed. The author dives deep into the facts and rulings of the Court that involved some of the most serious international conflicts in recent times. The author also discusses the challenges facing the Court from failed prosecutions to failures of the UN Security Council and other member states. What results is a detailed but honest critique of where the Court succeeds and where it needs to improve. Mendes goes on to provide a prediction of the greatest challenges facing the Court in the foreseeable future. This book is a valuable resource for academics and students in international criminal law and practice, public international relations, political science, military and war studies.

Comparative Executive Clemency - The Constitutional Pardon Power and the Prerogative of Mercy in Global Perspective... Comparative Executive Clemency - The Constitutional Pardon Power and the Prerogative of Mercy in Global Perspective (Hardcover)
Andrew Novak
R4,718 Discovery Miles 47 180 Ships in 12 - 19 working days

Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer's decision to arrest, a prosecutor's decision to prosecute, and a judge's decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.

International Trials and Reconciliation - Assessing the Impact of the International Criminal Tribunal for the Former Yugoslavia... International Trials and Reconciliation - Assessing the Impact of the International Criminal Tribunal for the Former Yugoslavia (Paperback)
Janine Clark
R1,651 Discovery Miles 16 510 Ships in 12 - 19 working days

Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY). Using detailed empirical data - in the form of qualitative interviews and observations from five years of fieldwork - to assess and analyze the ICTY's impact on reconciliation in Bosnia-Hercegovina, Croatia and Kosovo, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the former Yugoslavia argues that reconciliation is not a realistic aim for a criminal court. They are, Janine Clark argues, only one part of a rich tapestry of justice, which must also include non-retributive transitional justice processes and mechanisms. Challenging many of the common yet untested assumptions about the benefits of criminal trials, this innovative and extremely timely monograph will be invaluable for those with interests in the theory and practice of transitional justice.

Criminal Responsibility for the Crime of Aggression (Paperback): Patrycja Grzebyk Criminal Responsibility for the Crime of Aggression (Paperback)
Patrycja Grzebyk
R1,671 Discovery Miles 16 710 Ships in 12 - 19 working days

Since the Nuremberg trial, the crime of aggression has been considered one of the gravest international crimes. However, since the 1940s no defendants have been charged with this crime, with some states actively opposing the notion of punishing aggression. The option of trying an individual for aggression is expressly included in the statute of the International Criminal Court. In 2010 the Assembly of States Parties adopted a definition of the crime of aggression and conditions of the exercise of jurisdiction over this crime by the Court. The Assembly also agreed that the decision on including the crime of aggression within the Court's jurisdiction would be made in 2017 at the earliest. It is still internationally debatable whether the criminalisation of aggression is an outcome to strive for, or whether its abandonment is more preferable. In Criminal Responsibility for the Crime of Aggression, Patrycja Grzebyk explores the scope of criminal responsibility of individuals for crimes of aggression and asks why those responsible for aggression are not brought to justice. The book first works to identify the legal norms that define and delegalise aggression, before moving to determine the basis and scope for the criminalisation of aggression. The book then goes on to identify the key risks and difficulties inherent in trials for aggression. Following a string of awards in Poland, including the Manfred Lachs Prize for the best first book on public international law, this cutting investigation of aggression is now deservedly made available to the wider world. In its extensive analysis of international trials on aggression, and its synthesis of legal, political and historical rhetoric, this book offers broad and striking insight into the criminal responsibility of individuals on a world stage.

War and Justice in the 21st Century - A Case Study on the International Criminal Court and its Interaction with the War on... War and Justice in the 21st Century - A Case Study on the International Criminal Court and its Interaction with the War on Terror (Hardcover)
Luis Moreno Ocampo
R1,208 Discovery Miles 12 080 Ships in 12 - 19 working days

This is the inside story of the International Criminal Court, one of the most innovative international institutions, from the unique perspective of its first Chief Prosecutor, Luis Moreno Ocampo. Moreno Ocampo received the unprecedented mandate to trigger the International Criminal Court's investigation into sovereign states in June 2003, just three months after the Iraq invasion. At the time, there were serious doubts about the ICC's viability. By 2012, the end of his tenure, the future of the ICC was no longer at risk. However, as Moreno Ocampo's experiences have shown, what was and still is up for debate is the Rome Statute's ability to "contribute to the prevention" of future crimes. The implementation of the Rome Statute has coincided with the War on Terror. The international criminal justice system that protects the rights of victims and suspects clashes with the US policy authorizing the killing abroad of individuals considered enemy combatants. Legal designs are literally a matter of life or death. This book examines a consequential blind spot: The War on Terror obstructed justice and promoted terrorism. The Iraq intervention produced the 'Islamic State', and after twenty years of occupation, the Taliban returned to power. The Afghanistan occupation has ended, but not so the War on Terror. Using drones and proxy forces to eliminate enemies in foreign countries has become the "new normal." Arguing that there is no chaos, just complexity, Moreno Ocampo produces an interdisciplinary analysis of his decisions, describing a "fragmented" international legal system's operation and the relationships between legal and political decisions. This book aims to help new generations to manage violence with new ways of legal and political thinking.

Prosecuting Corporations for Genocide (Hardcover): Michael J. Kelly, Luis Moreno Ocampo Prosecuting Corporations for Genocide (Hardcover)
Michael J. Kelly, Luis Moreno Ocampo
R3,389 Discovery Miles 33 890 Ships in 12 - 19 working days

Modern corporations are key participants in the new globalized economy. As such, they have been accorded tremendous latitude and granted extensive rights. However, accompanying obligations have not been similarly forthcoming. Chief among them is the obligation not to commit atrocities or human rights abuses in the pursuit of profit. Multinational corporations are increasingly complicit in genocides that occur in the developing world. While they benefit enormously from the crime, they are immune from prosecution at the international level. Prosecuting Corporations for Genocide proposes new legal pathways to ensure such companies are held criminally liable for their conduct by creating a framework for international criminal jurisdiction. If a state or a person commits genocide, they are punished, and international law demands such. Nevertheless, corporate actors have successfully avoided this through an array of legal arguments which Professor Kelly challenges. He demonstrates how international criminal jurisdiction should be extended over corporations for complicity in genocide and makes the case that it should be done promptly.

Essays on International Criminal Justice (Hardcover): Hector Olasolo Essays on International Criminal Justice (Hardcover)
Hector Olasolo
R3,448 Discovery Miles 34 480 Ships in 12 - 19 working days

Crimes of atrocity have profound and long-lasting effects on any society. The difference between triggering and preventing these tragic crimes often amounts to the choice between national potential preserved or destroyed. It is also important to recognise that they are not inevitable: the commission of these crimes requires a collective effort, an organisational context, and long planning and preparation. Thus, the idea of strengthening preventative action has taken on greater relevance, and is now encompassed in the emerging notion of 'responsibility to prevent'. International courts and tribunals contribute to this effort by ending impunity for past crimes. Focusing investigations and prosecution on the highest leadership maximises the impact of this contribution. The ICC has an additional preventative mandate which is fulfilled by its timely intervention in the form of preliminary examinations. Moreover, when situations of atrocity crimes are triggered, its complementarity regime incentivises states to stop violence and comply with their duties to investigate and prosecute, thus strengthening the rule of law at the national level. The new role granted to victims by the Rome Statute is key to the ICCs successful fulfilment of these functions. This new book of essays, which includes the author's unpublished inaugural lecture at Utrecht University, examines these issues and places particular emphasis on the additional preventative mandate of the ICC, the ICC complementarity regime, the new role granted to victims, and the prosecution of the highest leadership through the notion of indirect perpetration. 'The work of Professor Olasolo breaks new ground in the academic field of international criminal law, as an analysis of the system as a whole. I therefore wish to express my congratulations for this work.' From the Foreword by Luis Moreno Ocampo Prosecutor, International Criminal Court, The Hague, 27 April 2011 '[Professor Hector Olasolo's] compilation provides an enormous source of easy reference to students, academia and legal actors in the field of international law. A look at the titles compiled in this volume demonstrates the present challenges to international criminal justice'. From the Preliminary Reflections by Elizabeth Odio Benito Judge and Former Vice-President, International Criminal Court, The Hague, May 2011 'This collection, written by a brilliant and prolific scholar and practitioner of international criminal justice, is an insightful and important contribution to the existing literature...Each chapter in this collection is copiously footnoted and thoroughly researched, making it an important reference tool for scholars and practitioners in the field. Additionally and importantly, the chapters explore, without polemic, areas of controversy and dissent and thoughtfully and scrupulously set forth arguments for and against particular doctrinal choices.' From the Introduction by Leila Nadya Sadat Henry H Oberschelp Professor of Law and Director, Whitney R Harris World Law Institute, Washington University School of Law; Alexis de Tocqueville Distinguished Fulbright Chair, Universite de Cergy-Pontoise, Paris, Spring 2011

Between Justice and Stability - The Politics of War Crimes Prosecutions in Post-Milosevic Serbia (Hardcover, New Ed): Mladen... Between Justice and Stability - The Politics of War Crimes Prosecutions in Post-Milosevic Serbia (Hardcover, New Ed)
Mladen Ostojic
R4,636 Discovery Miles 46 360 Ships in 9 - 17 working days

Exploring the impact of the International Criminal Tribunal (ICTY) on regime change in Serbia, this book examines the relationship between international criminal justice and democratisation. It analyses in detail the repercussions of the ICTY on domestic political dynamics and provides an explanatory account of Serbia's transition to democracy. Lack of cooperation and compliance with the ICTY was one of the biggest obstacles to Serbia's integration into Euro-Atlantic political structures following the overthrow of Milosevic. By scrutinising the attitudes of the Serbian authorities towards the ICTY and the prosecution of war crimes, Ostojic explores the complex processes set in motion by the international community's policies of conditionality and by the prosecution of the former Serbian leadership in The Hague. Drawing on a rich collection of empirical data, he demonstrates that the success of international judicial intervention is premised upon democratic consolidation and that transitional justice policies are only ever likely to take root when they do not undermine the stability and legitimacy of political institutions on the ground.

Assessing the Long-Term Impact of Truth Commissions - The Chilean Truth and Reconciliation Commission in Historical Perspective... Assessing the Long-Term Impact of Truth Commissions - The Chilean Truth and Reconciliation Commission in Historical Perspective (Hardcover)
Anita Ferrara
R4,713 Discovery Miles 47 130 Ships in 12 - 19 working days

In 1990, after the end of the Pinochet regime, the newly-elected democratic government of Chile established a Truth and Reconciliation Commission (TRC) to investigate and report on some of the worst human rights violations committed under the seventeen-year military dictatorship. The Chilean TRC was one of the first truth commissions established in the world. This book examines whether and how the work of the Chilean TRC contributed to the transition to democracy in Chile and to subsequent developments in accountability and transformation in that country. The book takes a long term view on the Chilean TRC asking to what extent and how the truth commission contributed to the development of the transitional justice measures that ensued, and how the relationship with those subsequent developments was established over time.It argues that, contrary to the views and expectations of those who considered that the Chilean TRC was of limited success, that the Chilean TRC has, in fact, over the longer term, played a key role as an enabler of justice and a means by which ethical and institutional transformation has occurred within Chile. With the benefit of this historical perspective, the book concludes that the impact of truth commissions in general needs to be carefully reviewed in light of the Chilean experience. This book will be of great interest and use to students and scholars of conflict resolution, criminal international law, and comparative legal systems in Latin America.

Incitement in International Law (Hardcover): Wibke K. Timmermann Incitement in International Law (Hardcover)
Wibke K. Timmermann
R4,733 Discovery Miles 47 330 Ships in 12 - 19 working days

This book offers a comprehensive study of incitement in its various forms in international law. It discusses the status of incitement to hatred in human rights law and examines its harms and dangers as well as the impact of a prohibition on freedom of speech. The book additionally presents a detailed definition of punishable incitement. In this context, Wibke K. Timmermann argues that incitement should be recognized as the crime of persecution, where it is utilized within a system of persecutory measures by the State or a similarly powerful organization.

The book draws on the Nahimana case before the International Criminal Tribunal for Rwanda, as well as jurisprudence from German and other courts following World War II to provide support for this proposal. The work moreover provides a comprehensive analysis of public incitement to crimes; solicitation or instigation; and the related modes of liability aiding and abetting and commission through another person.

Dedicated exclusively and comprehensively to incitement in its various forms, this book will be of essential use and great interest to students and researchers of international criminal law and human rights law, in addition to practitioners within these areas."

Justice for Victims before the International Criminal Court (Hardcover): Luke Moffett Justice for Victims before the International Criminal Court (Hardcover)
Luke Moffett
R4,733 Discovery Miles 47 330 Ships in 12 - 19 working days

Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.

The Social Rights Jurisprudence in the Inter-American Court of Human Rights - Shadow and Light in International Human Rights... The Social Rights Jurisprudence in the Inter-American Court of Human Rights - Shadow and Light in International Human Rights (Hardcover)
Isaac de Paz Gonzalez
R3,176 Discovery Miles 31 760 Ships in 12 - 19 working days

The Inter-American Court of Human Rights continues to build justiciability to determine the social rights of marginalised individuals and groups in the Americas. In this engaging book, Isaac de Paz Gonzalez unveils the abilities, and the practices of the Inter-American Court's contribution to human rights policy in the Global South. This innovative book offers a thorough and complete examination of the Inter-American Court's jurisprudence over its forty years of existence, within the framework of Economic and Social Rights (ESR). The author offers a concise discussion of both the historic and landmark cases in regards to ESR, and its theoretical basis, as well as giving insight into how to further improve and protect the lives of the most vulnerable people in the Americas. This book also exposes the possibility of enforcing legal remedies for poverty and structural discrimination in order to seek social justice. Contemporary and insightful, this book will be vital reading for legal scholars and students interested in human rights more broadly, as well as social justice and social rights specialists. Judges, practitioners and policymakers will also find this book a thought-provoking read.

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