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Globalizing Justice for Mass Atrocities - A Revolution in Accountability (Paperback)
Loot Price: R1,322
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Globalizing Justice for Mass Atrocities - A Revolution in Accountability (Paperback)
Series: Contemporary Security Studies
Expected to ship within 12 - 17 working days
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This major new study examines the developing practice of universal
jurisdiction, as well as the broader phenomenon of "globalizing"
justice, and its ramifications. With a detailed overview of the
contemporary practice of universal jurisdiction, it discerns three
trends at work: pure universal jurisdiction, universal jurisdiction
"plus", and non-use. It also argues that these disparities in
practice should raise serious concerns as to the legitimacy and
perceived legitimacy of such globalized justice. It then turns to a
further consideration, that of globalized justice, precisely
because it takes place far from the locus of the crime, and is
therefore "externalized" and may fail to achieve many of its
putative goals. In addition, this is a key assessment of civil
accountability, through the use of the Alien Tort Claims Act in the
United States. It details how the use of civil penalties may offer
new avenues for redress, particularly with relation to group
accountability, whether that of armed groups or of corporations.
However, it balances this approach to accountability with
recognition of certain flaws within externalized criminal
accountability. This study also focuses on mixed tribunals, or
other methods of internationalized justice as viable alternatives,
which may avoid some of the problems with external justice, but are
themselves far from perfect. Mixed or hybrid tribunals in East
Timor and Sierra Leone represent different models of hybrid justice
and provide the reader with excellent examples of these new forms
of justice in action. This book will be of great interest to all
students and scholars of human rights international law and
political science.
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