Download or read book Accountability for Atrocities written by Jane E. Stromseth and published by Brill Nijhoff. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines critical challenges in achieving accountability for genocide, crimes against humanity, and war crimes, focussing in particular on the relationship between national and international accountability mechanisms in pursuing key goals over the past decade. The essays in this volume provide an in-depth look at the goals and mechanisms of accountability in a variety of cases: the former Yugoslavia; Rwanda; Sierra Leone; Cambodia; Argentina and El Salvador; East Timor and Indonesia; and Belgium's prosecution of war crimes under its universal jurisdiction law. By analyzing the goals pursued in each case, the relationship between domestic and international mechanisms, the relative emphasis on criminal and non-criminal forms of accountability, and the effectiveness of the chosen approaches, this volume offers important lessons for the ICC and highlights the continuing need for innovative forms of international assistance to advance specific accountability goals in particular countries. Published under the Transnational Publishers imprint.
Download or read book Accountability for Human Rights Atrocities in International Law written by Steven R. Ratner and published by Oxford University Press. This book was released on 2009 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. It analyses the principal crimes, such as genocide and crimes against humanity, and appraises the mechanisms developed to bring individuals to justice.
Download or read book Atrocities and International Accountability written by Edel Hughes and published by . This book was released on 2007 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rebuilding societies where conflict has occurred is rarely a simple process. Where conflict has been accompanied by gross and systematic violations of human rights, the procedure becomes very controversial. The traditional debate on "transitional justice" sought to balance justice, truth, accountability, peace, and stability. The appearance of impunity for past crimes undermines confidence in new democratic structures and casts doubt upon commitments to human rights. Yet the need to consolidate peace sometimes resulted in reluctance on the part of authorities --both local and international --to confront suspected perpetrators of human rights violations, especially when they are a part of a peace process. Experience in many regions of the world therefore suggested a tradeoff between peace and justice. But that is changing. There is a growing consensus that some forms of justice and accountability are integral to --rather than in tension with --peace and stability. This volume considers whether we are truly going beyond the transitional justice debate. It brings together eminent scholars and practitioners with direct experience in some of the most challenging cases of international justice, and illustrates that justice and accountability remain complex, but not mutually exclusive, ideals.
Download or read book Transitional Justice in Rwanda written by Gerald Gahima and published by Routledge. This book was released on 2013 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.
Download or read book Hypocrisy and Human Rights written by Kate Cronin-Furman and published by Cornell University Press. This book was released on 2022-11-15 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hypocrisy and Human Rights examines what human rights pressure does when it does not work. Repressive states with absolutely no intention of complying with their human rights obligations often change course dramatically in response to international pressure. They create toothless commissions, permit but then obstruct international observers' visits, and pass showpiece legislation while simultaneously bolstering their repressive capacity. Covering debates over transitional justice in Sri Lanka, Myanmar, Cambodia, Democratic Republic of the Congo, and other countries, Kate Cronin-Furman investigates the diverse ways in which repressive states respond to calls for justice from human rights advocates, UN officials, and Western governments who add their voices to the victims of mass atrocities to demand accountability. She argues that although international pressure cannot elicit compliance in the absence of domestic motivations to comply, the complexity of the international system means that there are multiple audiences for both human rights behavior and advocacy and that pressure can produce valuable results through indirect paths.
Download or read book The Justice Dilemma written by Daniel Krcmaric and published by Cornell University Press. This book was released on 2020-09-15 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abusive leaders are now held accountable for their crimes in a way that was unimaginable just a few decades ago. What are the consequences of this recent push for international justice? In The Justice Dilemma, Daniel Krcmaric explains why the "golden parachute" of exile is no longer an attractive retirement option for oppressive rulers. He argues that this is both a blessing and a curse: leaders culpable for atrocity crimes fight longer civil wars because they lack good exit options, but the threat of international prosecution deters some leaders from committing atrocities in the first place. The Justice Dilemma therefore diagnoses an inherent tension between conflict resolution and atrocity prevention, two of the signature goals of the international community. Krcmaric also sheds light on several important puzzles in world politics. Why do some rulers choose to fight until they are killed or captured? Why not simply save oneself by going into exile? Why do some civil conflicts last so much longer than others? Why has state-sponsored violence against civilians fallen in recent years? While exploring these questions, Krcmaric marshals statistical evidence on patterns of exile, civil war duration, and mass atrocity onset. He also reconstructs the decision-making processes of embattled leaders—including Muammar Gaddafi of Libya, Charles Taylor of Liberia, and Blaise Compaoré of Burkina Faso—to show how contemporary international justice both deters atrocities and prolongs conflicts.
Download or read book Accountability for International Humanitarian Law Violations The Case of Rwanda and East Timor written by Mohamed Othman and published by Springer Science & Business Media. This book was released on 2005-12-10 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is a critical review of accountability conducted under the authority of the United Nations Security Council, by the International Criminal Tribunal for Rwanda (ICTR), and the United Nations Transitional Administration in East Timor (UNTAET). It is centred on two case studies: the 1999 events in Rwanda, and the 1999 mayhem in East Timor. The books subjects to testing cross-examination tools to hold accountable persons with „the greatest responsibility" for serious international humanitarian law violations.
Download or read book Peace with Justice written by Paul R. Williams and published by Rowman & Littlefield. This book was released on 2002 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.
Download or read book Atrocity Punishment and International Law written by Mark A. Drumbl and published by Cambridge University Press. This book was released on 2007-04-30 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.
Download or read book Globalizing Justice for Mass Atrocities written by Chandra Lekha Sriram and published by Routledge. This book was released on 2013-05-13 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Responsibility to Protect in Libya and Syria written by Yasmine Nahlawi and published by Routledge. This book was released on 2019-11-14 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a novel and contemporary examination of the ‘responsibility to protect’ (R2P) doctrine from an international legal perspective and analyses how the doctrine was applied within the Libyan and Syrian conflicts as two recent and highly significant R2P cases. The book dissects each of R2P’s three component pillars to examine their international legal underpinnings, drawing upon diverse legal frameworks – including the laws of the UN, laws of international organisations, human rights law, humanitarian law, criminal law, environmental law, and laws of State responsibility – to extract conclusions regarding existing and emerging host and third-State obligations to prevent and react to mass atrocity crimes. It uses this legal grounding to critically examine specific aspects of the Libyan and Syrian R2P cases, engaging with some of the more traditional debates surrounding R2P’s application, most notably those that pertain to the use of force (or lack thereof), but also exploring some of the less-researched non-military methods that were or could have been employed by States and international organisations to uphold the doctrine. Such an analysis captures the diversity in the means and actors through which R2P can be implemented and allows for the extraction of more nuanced conclusions regarding the doctrine’s strengths and limitations, gaps in enforceability, levels of State support, and future trajectory. The book will be of interest to scholars and students in the field of international law and human rights law.
Download or read book Invisible Atrocities written by Randle C. DeFalco and published by Cambridge University Press. This book was released on 2022-03-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.
Download or read book The Responsibility to Protect written by Gareth Evans and published by Rowman & Littlefield. This book was released on 2009-08-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Never again!" the world has vowed time and again since the Holocaust. Yet genocide, ethnic cleansing, and other mass atrocity crimes continue to shock our consciences—from the killing fields of Cambodia to the machetes of Rwanda to the agony of Darfur. Gareth Evans has grappled with these issues firsthand. As Australian foreign minister, he was a key broker of the United Nations peace plan for Cambodia. As president of the International Crisis Group, he now works on the prevention and resolution of scores of conflicts and crises worldwide. The primary architect of and leading authority on the Responsibility to Protect ("R2P"), he shows here how this new international norm can once and for all prevent a return to the killing fields. The Responsibility to Protect captures a simple and powerful idea. The primary responsibility for protecting its own people from mass atrocity crimes lies with the state itself. State sovereignty implies responsibility, not a license to kill. But when a state is unwilling or unable to halt or avert such crimes, the wider international community then has a collective responsibility to take whatever action is necessary. R2P emphasizes preventive action above all. That includes assistance for states struggling to contain potential crises and for effective rebuilding after a crisis or conflict to tackle its underlying causes. R2P's primary tools are persuasion and support, not military or other coercion. But sometimes it is right to fight: faced with another Rwanda, the world cannot just stand by. R2P was unanimously adopted by the UN General Assembly at the 2005 World Summit. But many misunderstandings persist about its scope and limits. And much remains to be done to solidify political support and to build institutional capacity. Evans shows, compellingly, how big a break R2P represents from the past, and how, with its acceptance in principle and effective application in practice, the promise of "Never
Download or read book Reconstructing Atrocity Prevention written by Sheri P. Rosenberg and published by Cambridge University Press. This book was released on 2016 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: This proposes a new framework for atrocity prevention, featuring scholars from around the globe including three former UN special advisers.
Download or read book Pursuing Justice for Mass Atrocities written by Sarah McIntosh and published by . This book was released on 2021-03-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Pursuing Justice for Mass Atrocities: A Handbook for Victim Groups" is an educational resource for victim groups that want to influence or participate in the justice process for mass atrocities. It presents a range of tools that victim groups can use, from building a victim-centered coalition and developing a strategic communications plan to engaging with policy makers and decision makers and using the law to obtain justice.
Download or read book The International Criminal Responsibility of War s Funders and Profiteers written by Nina H. B. Jørgensen and published by Cambridge University Press. This book was released on 2020-09-17 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.
Download or read book Amnesty After Atrocity written by Helena Cobban and published by Routledge. This book was released on 2015-11-17 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A compelling read." Richard J. Goldstone, former Chief Prosecutor of the UN tribunals for the former Yugoslavia and Rwanda "A very important contribution." Princeton N. Lyman, Council on Foreign Relations "A powerful reminder that dealing with the legacy of wartime atrocities is not simply a matter of bringing perpetrators to justice. It also means overcoming the divisions within the society and healing the victims." Marina Ottaway, Senior Associate, Democracy and Rule of Law Project, Carnegie Endowment for International Peace In Amnesty after Atrocity? veteran journalist Helena Cobban examines the effectiveness of different ways of dealing with the aftermath of genocide and violence committed during intergroup conflicts. She traveled to Rwanda, Mozambique, and South Africa to assess the various ways those nations tried to come to grips with their violent past: from war crimes trials to truth commissions to outright amnesties for perpetrators. She discovered that in terms of both moving forward and satisfying the needs of survivors, war crimes trials are not the most effective path. This book provides historical context and includes interviews with a cross-section of people: community leaders, victims, policymakers, teachers, rights activists, and even some former abusers. These first-person accounts create a rich, readable text, and Cobban's overall conclusions will surprise many readers in the West.
