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Books > Law > International law > International criminal law

Child Soldiers and the Defence of Duress under International Criminal Law (Hardcover, 1st ed. 2020): Windell Nortje, Noelle... Child Soldiers and the Defence of Duress under International Criminal Law (Hardcover, 1st ed. 2020)
Windell Nortje, Noelle Quenivet
R2,265 Discovery Miles 22 650 Ships in 10 - 15 working days

This book investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted under international law. However, it is rarely considered what would happen to these children at the trial stage. This work offers a nuanced approach towards international prosecution and considers how children could be implicated and defended in international courts. This study will be of interest to academics and practitioners working in international criminal law, transitional justice and children's rights.

The International Criminal Court - An International Criminal World Court? - Jurisdiction and Cooperation Mechanisms of the Rome... The International Criminal Court - An International Criminal World Court? - Jurisdiction and Cooperation Mechanisms of the Rome Statute and its Practical Implementation (Paperback, Softcover reprint of the original 1st ed. 2018)
Sarah Babaian
R3,383 Discovery Miles 33 830 Ships in 10 - 15 working days

This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court's strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute's provisions and its practical implementation through States' practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC's judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.

Court Interpreters and Fair Trials (Paperback, Softcover reprint of the original 1st ed. 2018): John Henry Dingfelder Stone Court Interpreters and Fair Trials (Paperback, Softcover reprint of the original 1st ed. 2018)
John Henry Dingfelder Stone
R3,137 Discovery Miles 31 370 Ships in 10 - 15 working days

Globalization has increased the number of individuals in criminal proceedings who are unable to understand the language of the courtroom, and as a result the number of court interpreters has also increased. But unsupervised interpreters can severely undermine the fairness of a criminal proceeding. In this innovative and methodological new study, Dingfelder Stone comprehensively examines the multitudes of mistakes made by interpreters, and explores the resultant legal and practical implications. Whilst scholars of interpreting studies have researched the prevalence of interpreter error for decades, the effect of these mistakes on criminal proceedings has largely gone unanalyzed by legal scholars. Drawing upon both interpreting studies research and legal scholarship alike, this engaging and timely study analyzes the impact of court interpreters on the right to a fair trial under international law, which forms the minimum baseline standard for national systems.

Fuzzy Graph Theory with Applications to Human Trafficking (Paperback, Softcover reprint of the original 1st ed. 2018): John N.... Fuzzy Graph Theory with Applications to Human Trafficking (Paperback, Softcover reprint of the original 1st ed. 2018)
John N. Mordeson, Sunil Mathew, Davender S. Malik
R4,128 Discovery Miles 41 280 Ships in 10 - 15 working days

This book reports on advanced concepts in fuzzy graph theory, showing a set of tools that can be successfully applied to understanding and modeling illegal human trafficking. Building on the previous book on fuzzy graph by the same authors, which set the fundamentals for readers to understand this developing field of research, this second book gives a special emphasis to applications of the theory. For this, authors introduce new concepts, such as intuitionistic fuzzy graphs, the concept of independence and domination in fuzzy graphs, as well as directed fuzzy networks, incidence graphs and many more.

The Armenian Massacres of 1915-1916 a Hundred Years Later - Open Questions and Tentative Answers in International Law... The Armenian Massacres of 1915-1916 a Hundred Years Later - Open Questions and Tentative Answers in International Law (Paperback, Softcover reprint of the original 1st ed. 2018)
Flavia Lattanzi, Emanuela Pistoia
R3,399 Discovery Miles 33 990 Ships in 10 - 15 working days

This peer-reviewed book features essays on the Armenian massacres of 1915-1916. It aims to cast light upon the various questions of international law raised by the matter. The answers may help improve international relations in the region. In 1915-1916, roughly a million and a half Armenians were murdered in the territory of the Ottoman Empire, which had been home to them for centuries. Ever since, a dispute between Armenians and Turkey has been ongoing over the qualification of the massacres. The contributors to this volume examine the legal nature and consequences of this event. Their investigation strives to be completely neutral and technical. The essays also look at the broader issue of denial. For instance, in Turkey, public speech on the matter can still trigger criminal prosecution whereas in other European States denial of genocide, war crimes and crimes against humanity is criminalized. However, the European Court of Human Rights views criminal prosecution of denial of the Armenian massacres as unlawful. In addition, one essay considers a state's obligation to remember by looking at lessons learnt from the Inter-American Court of Human Rights. Another contributor looks at a collective right to remember and some ideas to move forward towards a solution. Moreover, the book explores the way the Armenian massacres have affected the relationship between Turkey and the European Union.

Gabacho - Drugs Landed Me In Mexican Prison, Theater Saved Me (Paperback): Richard Jewkes, Brian Whitney Gabacho - Drugs Landed Me In Mexican Prison, Theater Saved Me (Paperback)
Richard Jewkes, Brian Whitney
R503 R422 Discovery Miles 4 220 Save R81 (16%) Ships in 10 - 15 working days
China and the International Criminal Court (Paperback, Softcover reprint of the original 1st ed. 2018): Dan Zhu China and the International Criminal Court (Paperback, Softcover reprint of the original 1st ed. 2018)
Dan Zhu
R3,135 Discovery Miles 31 350 Ships in 10 - 15 working days

This book focuses on the evolving relationship between China and the International Criminal Court (ICC). It examines the substantive issues that have restricted China's engagement with the ICC to date, and provides a comprehensive assessment of whether these Chinese concerns still constitute a significant impediment to China's accession to the ICC in the years to come. The book places the China-ICC relationship within the wider context of China's interactions with international judicial bodies, and uses the ICC as an example to reflect China's engagement with international institutions and global governance in general. It seeks to offer a thought-provoking resource to international law and international relations scholars, legal practitioners, government legal advisers, and policy-makers about the nature, scope, and consequences of the relationship between China and the ICC, as well as its impact on both global governance and order. This book is the first of its kind to explore China's engagement with the ICC primarily from a legal perspective.

Death Penalty Jurisprudence in Nigeria (Paperback): Adeniyi Olatunbosun Death Penalty Jurisprudence in Nigeria (Paperback)
Adeniyi Olatunbosun
R2,142 R1,996 Discovery Miles 19 960 Save R146 (7%) Ships in 10 - 15 working days
EU Criminal Justice - Fundamental Rights, Transnational Proceedings and the European Public Prosecutor's Office... EU Criminal Justice - Fundamental Rights, Transnational Proceedings and the European Public Prosecutor's Office (Hardcover, 1st ed. 2019)
Tommaso Rafaraci, Rosanna Belfiore
R4,389 Discovery Miles 43 890 Ships in 10 - 15 working days

This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor's Office, whose European judicial nature still coexists with strong national components.

Collaborating Against Child Abuse - Exploring the Nordic Barnahus Model (Paperback, Softcover reprint of the original 1st ed.... Collaborating Against Child Abuse - Exploring the Nordic Barnahus Model (Paperback, Softcover reprint of the original 1st ed. 2017)
Susanna Johansson, Kari Stefansen, Elisiv Bakketeig, Anna Kaldal
R944 Discovery Miles 9 440 Ships in 10 - 15 working days

This book is open access under a CC BY 4.0 license. This edited collection explores the background and implementation of the Nordic Barnahus (or 'Children's House') model - recognised as one of the most important reforms related to children who are the victims of crime in the Nordic region. This book discusses both its potential to affect change and the challenges facing it. The model was introduced as a response to a growing recognition of the need for more integrated and child-centred services for children exposed to violence and sexual abuse. In the Barnahus structure, different professions work together to ensure that victimized children receive help and treatment and that their legal rights are met. This original study is organised into four broad themes: child-friendliness, support and treatment; the forensic child investigative interview; children's rights perspectives; and interagency collaboration and professional autonomy. Each themed section includes in-depth chapters from different Nordic countries, outlining and analysing the practice and outcomes of the collaborative work engaged in by Barnahus from different perspectives. The introductory and concluding chapters offer a comparative lens useful for policy and practice implementation within the Nordic welfare state context and beyond, ensuring this book has global academic and practical appeal.

The War Report - Armed Conflict in 2013 (Paperback): Stuart Casey-Maslen The War Report - Armed Conflict in 2013 (Paperback)
Stuart Casey-Maslen
R2,673 Discovery Miles 26 730 Ships in 10 - 15 working days

This War Report provides detailed information on every armed conflict which took place during 2013, offering an unprecedented overview of the nature, range, and impact of these conflicts and the legal issues they created. In Part I, the Report describes its criteria for the identification and classification of armed conflicts under international law, and the legal consequences that flow from this classification. It sets out a list of armed conflicts in 2013, categorising each as international, non-international, or a military occupation, with estimates of civilian and military casualties. In Part II, each of the 28 conflicts identified in Part I are examined in more detail, with an overview of the belligerents, means and methods of warfare, the applicable treaties and rules, and any prosecutions for, investigations into, or robust allegations of war crimes. Part III of the Report provides detailed thematic analysis of key legal developments which arose in the context of these conflicts, allowing for a more in-depth reflection on cross-cutting questions and controversies. The topics under investigation in this Report include US policy on drone strikes, the use of chemical weapons in Syria, the protection of persons with a disability, and national and international war crimes trials. The Report gives a full and accessible overview of armed conflicts in 2013, making it the perfect first port of call for everyone working in the field.

Judgments of Love in Criminal Justice (Paperback, Softcover reprint of the original 1st ed. 2017): Farhad Malekian Judgments of Love in Criminal Justice (Paperback, Softcover reprint of the original 1st ed. 2017)
Farhad Malekian
R3,403 Discovery Miles 34 030 Ships in 10 - 15 working days

This volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i.e. legality, morality and love. The norm love is derived from human reason for man's advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is to generate a normative and positive, powerful result, therefore avoiding any impurity that may exist in the application of other norms because of political or juridical pressures - a one-eyed justice. The norm love also renders justice with the principles of legal accountability, transparency and the high moral, authentic values of humanity. The notion of justice cannot be trusted in the absence of the norm love. The volume indicates the conditions of its efficiency by proving the reasons for its existence in the context of fairness, objectivity and concern for all individuals and entities. The concept of the norm love should be the core academic corpus for lecturing law in all faculties of law. It is simply the enlightenment of the 21st century. A lawyer with requisite knowledge and skill is not a lawyer if he cannot understand that the law does not need a lawyer with ethical competence in its provisions for income purposes but one with knowledge of its essence for the advanced morality of justice and the sheer essence of love for justice.

New International Frontiers in Child Sexual Abuse - Theory, Problems and Progress (Hardcover, 1st ed. 2019): Ben Mathews New International Frontiers in Child Sexual Abuse - Theory, Problems and Progress (Hardcover, 1st ed. 2019)
Ben Mathews
R2,681 Discovery Miles 26 810 Ships in 10 - 15 working days

This book offers a timely and detailed exploration and analysis of key contemporary issues and challenges in child sexual abuse, which holds great relevance for scholarly, legal, policy, professional and clinical audiences worldwide. The book draws together the best current evidence about the nature, aetiology, contexts, and sequelae of child sexual abuse. It explores the optimal definition of child sexual abuse, considers sexual abuse in history, and explores new theoretical understandings of children's rights and other key theories including public health and the Capabilities Approach, and their relevance to child sexual abuse prevention and responses. It examines a selection of the most pressing legal, theoretical, policy and practical challenges in child sexual abuse in the modern world, in developed and developing economies, including institutional child sexual abuse, female genital cutting, child marriage, the use of technology for sexual abuse, and the ethical responsibility and legal liability of major state and religious organisations, and individuals. It examines recent landmark legal and policy developments in all of these areas, drawing in particular on extensive developments from Australia in the wake of its Royal Commission Into Institutional Responses to Child Sexual Abuse. It also considers the best evidence about promising strategies and future promising directions in enhancing effective prevention, intervention and responses to child sexual abuse.

International Money Laundering Through Real Estate and Agribusiness - A Criminal Justice Perspective from the "Panama Papers"... International Money Laundering Through Real Estate and Agribusiness - A Criminal Justice Perspective from the "Panama Papers" (Paperback, Softcover reprint of the original 1st ed. 2017)
Fausto Martin De Sanctis
R3,135 Discovery Miles 31 350 Ships in 10 - 15 working days

This book examines two types of transnational money laundering: the use of offshores and wire transfers to "invest" in real estate; and agribusiness, a nebulous activity that is difficult to regulate. The author also examines current international mechanisms to combat money-laundering; whether these efforts have been successful or unsuccessful; and whether multilateral instruments are an effective tool in the war against international organized crime. As national borders have opened and trade barriers have fallen, transnational crime has grown at unprecedented levels. The current situation, better revealed by the so-called "Panama Papers," is a result of a lack of local cooperation in the investigations, prosecution, and/or extradition of criminals. Governments profit from ill-gotten wealth hosting international criminal enterprises in their own territories, thus providing a fertile ground for illicit practices, closing their eyes to the nexus among false or inappropriate identification, fraudulent records, corruption, and money laundering. If these types of transnational money-laundering are allowed to remain as they are currently treated, the shift in the financial paradigm, from centralized and regulated to decentralized and "unregulated," would allow for the continuation of some of the most dangerous criminal activity. In this timely book, the author presents arguments that by "following the money," capital movements involved in transnational money laundering through real estate and agribusiness can be examined, revealed, and understood.

Competition Law Compliance Programmes - An Interdisciplinary Approach (Paperback, Softcover reprint of the original 1st ed.... Competition Law Compliance Programmes - An Interdisciplinary Approach (Paperback, Softcover reprint of the original 1st ed. 2016)
Johannes Paha
R3,593 Discovery Miles 35 930 Ships in 10 - 15 working days

This book reviews and presents antitrust law compliance programmes from different angles. These programmes have been increasingly implemented and refined by firms over recent years, and various aspects of this topic have been researched. The contributions in this book extend beyond the treatment of legal issues and show how lawyers, economists, psychologists, and business scholars can help design antitrust law compliance programmes more effectively and run them more efficiently.

Prosecution of Politicide in Ethiopia - The Red Terror Trials (Hardcover, 1st ed. 2018): Marshet Tadesse Tessema Prosecution of Politicide in Ethiopia - The Red Terror Trials (Hardcover, 1st ed. 2018)
Marshet Tadesse Tessema
R3,422 Discovery Miles 34 220 Ships in 10 - 15 working days

This book investigates the road map or the transitional justice mechanisms that theEthiopian government chose to confront the gross human rights violations perpetratedunder the 17 years' rule of the Derg, the dictatorial regime that controlled state powerfrom 1974 to 1991. Furthermore, the author extensively examines the prosecution ofpoliticide or genocide against political groups in Ethiopia. Dealing with the violent conflict, massacres, repressions and other mass atrocities ofthe past is necessary, not for its own sake, but to clear the way for a new beginning.In other words, ignoring gross human rights violations and attempting to close thechapter on an oppressive dictatorial past by choosing to let bygones be bygones, is nolonger a viable option when starting on the road to a democratic future. For unaddressedatrocities and a sense of injustice would not only continue to haunt a nation butcould also ignite similar conflicts in the future. So the question is what choices are available to the newly installed government whenconfronting the evils of the past. There are a wide array of transitional mechanismsto choose from, but there is no "one size fits all" mechanism. Of all the transitionaljustice mechanisms, namely truth commissions, lustration, amnesty, prosecution,and reparation, the Ethiopian government chose prosecution as the main means fordealing with the horrendous crimes committed by the Derg regime. One of the formidable challenges for transitioning states in dealing with the crimes offormer regimes is an inadequate legal framework by which to criminalize and punishegregious human rights violations. With the aim of examining whether or not Ethiopiahas confronted this challenge, the book assesses Ethiopia's legal framework regardingboth crimes under international law and individual criminal responsibility. This book will be of great relevance to academics and practitioners in the areas ofgenocide studies, international criminal law and transitional justice. Students in thefields of international criminal law, transitional justice and human rights will alsofind relevant information on the national prosecution of politicide in particular andthe question of confronting the past in general. Marshet Tadesse Tessema is Assistant Professor of the Law School, College of Law andGovernance at Jimma University in Ethiopia, and Postdoctoral Fellow of the SouthAfrican-German Centre, University of the Western Cape in South Africa.

The Armenian Massacres of 1915-1916 a Hundred Years Later - Open Questions and Tentative Answers in International Law... The Armenian Massacres of 1915-1916 a Hundred Years Later - Open Questions and Tentative Answers in International Law (Hardcover, 1st ed. 2018)
Flavia Lattanzi, Emanuela Pistoia
R5,169 Discovery Miles 51 690 Ships in 10 - 15 working days

This peer-reviewed book features essays on the Armenian massacres of 1915-1916. It aims to cast light upon the various questions of international law raised by the matter. The answers may help improve international relations in the region. In 1915-1916, roughly a million and a half Armenians were murdered in the territory of the Ottoman Empire, which had been home to them for centuries. Ever since, a dispute between Armenians and Turkey has been ongoing over the qualification of the massacres. The contributors to this volume examine the legal nature and consequences of this event. Their investigation strives to be completely neutral and technical. The essays also look at the broader issue of denial. For instance, in Turkey, public speech on the matter can still trigger criminal prosecution whereas in other European States denial of genocide, war crimes and crimes against humanity is criminalized. However, the European Court of Human Rights views criminal prosecution of denial of the Armenian massacres as unlawful. In addition, one essay considers a state's obligation to remember by looking at lessons learnt from the Inter-American Court of Human Rights. Another contributor looks at a collective right to remember and some ideas to move forward towards a solution. Moreover, the book explores the way the Armenian massacres have affected the relationship between Turkey and the European Union.

The Right to Silence in Transnational Criminal Proceedings - Comparative Law Perspectives (Paperback, Softcover reprint of the... The Right to Silence in Transnational Criminal Proceedings - Comparative Law Perspectives (Paperback, Softcover reprint of the original 1st ed. 2016)
Fenella M W Billing
R4,157 Discovery Miles 41 570 Ships in 10 - 15 working days

This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person's silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.

The Complementarity Regime of the International Criminal Court - National Implementation in Africa (Paperback, Softcover... The Complementarity Regime of the International Criminal Court - National Implementation in Africa (Paperback, Softcover reprint of the original 1st ed. 2017)
Ovo Catherine Imoedemhe
R3,632 Discovery Miles 36 320 Ships in 10 - 15 working days

This book analyses how the complementarity regime of the ICC's Rome Statute can be implemented in member states, specifically focusing on African states and Nigeria. Complementarity is the principle that outlines the primacy of national courts to prosecute a defendant unless a state is 'unwilling' or 'genuinely unable to act', assuming the crime is of a 'sufficient gravity' for the International Criminal Court (ICC). It is stipulated in the Rome Statute without a clear and comprehensive framework for how states can implement it. The book proposes such a framework and argues that a mutually inclusive interpretation and application of complementarity would increase domestic prosecutions and reduce self-referrals to the ICC. African states need to have an appropriate legal framework in place, implementing legislation and institutional capacity as well as credible judiciaries to investigate and prosecute international crimes. The mutually inclusive interpretation of the principle of complementarity would entail the ICC providing assistance to states in instituting this framework while being available to fill the gaps until such time as these states meet a defined threshold of institutional preparedness sufficient to acquire domestic prosecution. The minimum complementarity threshold includes proscribing the Rome Statute crimes in domestic criminal law and ensuring the institutional preparedness to conduct complementarity-based prosecution of international crimes. Furthermore, it assists the ICC in ensuring consistency in its interpretation of complementarity.

Yellow Tourism - Crime and Corruption in the Holiday Sector (Hardcover, 1st ed. 2019): Alexis Papathanassis, Stavros Katsios,... Yellow Tourism - Crime and Corruption in the Holiday Sector (Hardcover, 1st ed. 2019)
Alexis Papathanassis, Stavros Katsios, Nicoleta Ramona Dinu
R3,657 Discovery Miles 36 570 Ships in 10 - 15 working days

This book presents the latest research and novel case studies on crime and corruption in the tourism and hospitality industry. It approaches tourism as both a globalised business impacting the livelihood of millions of people, and a highly challenging field of action for national legislators and law enforcement agencies. The global nature and ubiquity of tourism, as well as the core elements of the holiday experience - such as interactions with unknown environments and places, a care-free mind-set, novelty-seeking behaviour and anonymity - render it highly susceptible to victimisation, crime and corruption. Accordingly, the book addresses a comprehensive set of emerging issues, including: conflict and fraud during holidays; criminal and negligence offences at tourists' expense; exploitation and mistreatment of service workers; deterioration of heritage, cultural and natural resources; and securitisation of tourism.

Mutual Recognition of Judicial Decisions in European Criminal Law (Paperback, Softcover reprint of the original 1st ed. 2017):... Mutual Recognition of Judicial Decisions in European Criminal Law (Paperback, Softcover reprint of the original 1st ed. 2017)
Libor Klimek
R7,736 Discovery Miles 77 360 Ships in 10 - 15 working days

This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.

The International Criminal Court - An International Criminal World Court? - Jurisdiction and Cooperation Mechanisms of the Rome... The International Criminal Court - An International Criminal World Court? - Jurisdiction and Cooperation Mechanisms of the Rome Statute and its Practical Implementation (Hardcover, 1st ed. 2018)
Sarah Babaian
R3,393 Discovery Miles 33 930 Ships in 10 - 15 working days

This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court's strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute's provisions and its practical implementation through States' practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC's judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.

Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda - The Search for Truth, Justice and Reconciliation... Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda - The Search for Truth, Justice and Reconciliation (Hardcover, 1st ed. 2018)
Pietro Sullo
R3,674 Discovery Miles 36 740 Ships in 10 - 15 working days

Combining both legal and empirical research, this book explores the statutory aspects and practice of Gacaca Courts (inkiko gacaca), the centrepiece of Rwanda's post-genocide transitional justice system, assessing their contribution to truth, justice and reconciliation. The volume expands the knowledge regarding these courts, assessing not only their performance in terms of formal justice and compliance with human rights standards but also their actual modus operandi. Scholars and practitioners have progressively challenged the idea that genocide should be addressed exclusively through 'westernised' criminal law, arguing that the uniqueness of each genocidal setting requires specific context-sensitive solutions. Rwanda's experience with Gacaca Courts has emerged as a valuable opportunity for testing this approach, offering never previously tried homegrown solutions to the violence experienced in 1994 and beyond. Due to the unprecedented number of individuals brought to trial, the absence of lawyers, the participative nature, and the presence of lay judges directly elected by the Rwandan population, Gacaca Courts have attracted the attention of researchers from different disciplines and triggered dichotomous reactions and appraisals. The tensions existing within the literature are addressed, anchoring the assessment of Gacaca in a comprehensive legal analysis in conjunction with field research. Through the direct observation of Gacaca trials, and by holding interviews and informal talks with survivors, perpetrators, ordinary Rwandans, academics and the staff of NGOs, a purely legalistic perspective is overcome, offering instead an innovative bottom-up approach to meta-legal concepts such as justice, fairness, truth and reconciliation. Outlining their strengths and shortcomings, this book highlights what aspects of Gacaca Courts can be useful in other post-genocide contexts and provides crucial lessons learnt in the realm of transitional justice. The primary audience this book is aimed at consists of researchers working in the areas of international criminal law, transitional justice, genocide, restorative justice, African studies, human rights and criminology, while practitioners, students and others with a professional interest in the topical matters that are addressed may also find the issues raised relevant to their practice or field of study. Pietro Sullo teaches public international law and international diplomatic law at the Brussels School of International Studies of the University of Kent in Brussels. He is particularly interested in international human rights law, transitional justice, international criminal law, constitutional transitions and refugee law. After earning his Ph.D. at the Sant'Anna School of Advanced Studies in Pisa, Dr. Sullo worked at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg as a senior researcher and as a coordinator of the International Doctoral Research School on Retaliation, Mediation and Punishment. He was also Director of the European Master's Programme in Human Rights and Democratization (E.MA) in Venice from 2013 to 2015 and lastly he has worked for international NGOs and as a legal consultant for the Libya Constitution Drafting Assembly on human rights and transitional justice.

War Crimes Trials and Investigations - A Multi-Disciplinary Introduction (Hardcover, 1st ed. 2018): Jonathan Waterlow, Jacques... War Crimes Trials and Investigations - A Multi-Disciplinary Introduction (Hardcover, 1st ed. 2018)
Jonathan Waterlow, Jacques Schuhmacher
R4,157 Discovery Miles 41 570 Ships in 10 - 15 working days

This book represents the first multi-disciplinary introduction to the study of war crimes trials and investigations. It introduces readers to the numerous disciplines engaged with this complex subject, including: Forensic Anthropology, Economics and Anthropometrics, Legal History, Violence Studies, International Criminal Justice, International Relations, and Moral Philosophy. The contributors are experts in their respective fields and the chapters highlight each discipline's major trends, debates, methods and approaches to mass atrocity, genocide, and crimes against humanity, as well as their interactions with adjacent disciplines. Case studies illustrate how the respective disciplines work in practice, including examples from the Allied Hunger Blockade, WWII, the Guatemalan and Spanish Civil Wars, the Former Yugoslavia, and Uganda. Including bibliographical essays to offer readers crucial orientation when approaching the specialist literature in each case, this edited collection equips readers with what they need to know in order to navigate a complex, and until now, deeply fragmented field. A diverse and interdisciplinary body of research, this book will be indispensable reading for scholars of war crimes.

Court Interpreters and Fair Trials (Hardcover, 1st ed. 2018): John Henry Dingfelder Stone Court Interpreters and Fair Trials (Hardcover, 1st ed. 2018)
John Henry Dingfelder Stone
R4,405 Discovery Miles 44 050 Ships in 10 - 15 working days

Globalization has increased the number of individuals in criminal proceedings who are unable to understand the language of the courtroom, and as a result the number of court interpreters has also increased. But unsupervised interpreters can severely undermine the fairness of a criminal proceeding. In this innovative and methodological new study, Dingfelder Stone comprehensively examines the multitudes of mistakes made by interpreters, and explores the resultant legal and practical implications. Whilst scholars of interpreting studies have researched the prevalence of interpreter error for decades, the effect of these mistakes on criminal proceedings has largely gone unanalyzed by legal scholars. Drawing upon both interpreting studies research and legal scholarship alike, this engaging and timely study analyzes the impact of court interpreters on the right to a fair trial under international law, which forms the minimum baseline standard for national systems.

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