Download or read book Human Rights and the Criminal Justice System written by Anthony Amatrudo and published by Routledge. This book was released on 2014-09-15 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: We now live in a world which thinks through the legislative implications of criminal justice with one eye on human rights. Human Rights and the Criminal Justice System provides comprehensive coverage of human rights as it relates to the contemporary criminal justice system. As well as being a significant aspect of international governance and global justice, Amatrudo and Blake argue here that human rights have also eclipsed the rhetoric of religion in contemporary moral discussion. This book explores topics such as terrorism, race, and the rights of prisoners, as well as existing legal structures, court practices, and the developing literature in Criminology, Law and Political Science, in order to critically review the relationship between the developing body of human rights theory and practice, and the criminal justice system. This book will be of considerable interest to those with academic concerns in this area; as well as providing an accessible, yet sophisticated, resource for upper level undergraduate and postgraduate human rights courses.
Download or read book Human Rights and Criminal Justice for the Downtrodden written by Morten Bergsmo and published by BRILL. This book was released on 2021-08-04 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains essays by leading international experts in the areas of international criminal law and international human rights law. Part One of the book contains eight essays in international criminal law, covering issues such as the crime of aggression; terrorism and the Statute of the International Criminal Court; the evolution of the law on crimes against humanity and genocide; the doctrine of universal jurisdiction; and the relationship between international human rights and international criminal law jurisprudence. Part Two has eight essays on economic, social and cultural rights, covering inter alia the right to development; genetic resources for food and agriculture; the right to food (also in armed conflict); the definition of cultural rights; and business and human rights. Part Three has six essays on minority rights dealing with issues such as the role of the Working Group on Minorities; the Hague, Oslo and Lund recommendations regarding minority questions; the protection of kin-minorities; and the situation of the Greenlanders. Part Four has fourteen essays on human rights issues such as citizenship and human rights; human rights law, the environment and indigenous peoples; the role of human rights institutions; leadership in the human rights movement; the sources of fundamental rights in the European Union; and human rights and traditional practices. The book also contains a comprehensive bibliography of Asbjørn Eide.
Download or read book Crime Justice and Human Rights written by Leanne Weber and published by Bloomsbury Publishing. This book was released on 2017-09-16 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: A specialized introduction to the philosophy, law and politics of human rights, uniquely tailored to criminologists and criminal justice practitioners. Exploring the connections between existing criminological scholarship and human rights frameworks, the book helps readers to incorporate human rights paradigms into their criminological analysis.
Download or read book The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations written by Juan Carlos Ochoa S. and published by Martinus Nijhoff Publishers. This book was released on 2013-02-05 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.
Download or read book Victims Rights Human Rights and Criminal Justice written by Jonathan Doak and published by Bloomsbury Publishing. This book was released on 2008-04-29 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent times, the idea of 'victims' rights' has come to feature prominently in political, criminological and legal discourse, as well as being subject to regular media comment. The concept nevertheless remains inherently elusive, and there is still considerable ambiguity as to the origin and substance of such rights. This monograph deconstructs the nature and scope of the rights of victims of crime against the backdrop of an emerging international consensus on how victims ought to be treated and the role they ought to play. The essence of such rights is ascertained not only by surveying the plethora of international standards which deal specifically with crime victims, but also by considering the potential cross-applicability of standards relating to victims of abuse of power, with whom they have much in common. In this book Jonathan Doak considers the parameters of a number of key rights which international standards suggest victims ought to be entitled to. He then proceeds to ask whether victims are able to rely upon such rights within a domestic criminal justice system characterised by structures, processes and values which are inherently exclusionary, adversarial and punitive in nature.
Download or read book Human Rights and Criminal Justice written by Ben Emmerson and published by Sweet & Maxwell. This book was released on 2012 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: A survey of Czech business law, tax and accounting regulations. The political, legal and economic systems of the Republic are outlined.
Download or read book Advocates of Humanity written by Kjersti Lohne and published by Clarendon Studies in Criminolo. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the cultural meaning and social dynamics of international criminal justice by exploring the role of human rights organisations in this sphere after the creation of the International Criminal Court. The text offers an analysis of punishment 'gone global', and how it is constituted by and of global relations of power.
Download or read book The Presumption of Innocence in International Human Rights and Criminal Law written by Michelle Coleman and published by Routledge. This book was released on 2021-03-03 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.
Download or read book Human Rights in European Criminal Law written by Stefano Ruggeri and published by Springer. This book was released on 2015-01-02 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.
Download or read book Business Human Rights and Transitional Justice written by Irene Pietropaoli and published by Routledge. This book was released on 2020-05-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.
Download or read book Human Rights and International Criminal Law written by Borhan Uddin Khan and published by International Studies in Human. This book was released on 2022-03-31 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book considers human rights approaches to crimes from a theoretical and practical perspective, analyses various crimes under international law, and examines the application, implementation and enforcement of international criminal law.
Download or read book Criminal Theory and International Human Rights Law written by Steven Malby and published by Routledge. This book was released on 2019-09-11 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions. The work builds upon and adds value to existing literature by bringing together two fields of study – international human rights law and criminal theory – that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis. The book will be a valuable resource for academics and students working in the areas of International Human Rights Law, Criminal Law, and Moral Philosophy.
Download or read book Human Trafficking and Modern Slavery Law and Practice written by Philippa Southwell and published by Bloomsbury Publishing. This book was released on 2020-11-11 with total page 739 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recommended by The Independent Anti-Slavery Commissioner, Dame Sara Thornton, in her 2020 report on “The Modern Slavery Act 2015 Statutory Defence: A call for evidence” "Rarely can the talent of so many practitioners be accessed in one convenient resource." Crimeline Human Trafficking and Modern Slavery Law and Practice, Second Edition provides guidance to those who deal directly or indirectly with those affected by modern slavery and trafficking, employ or manage a workforce, or have oversight of supply chains. It enables practitioners to deal with issues of law and procedure by providing an accessible, but comprehensive, summary of the points that need to be considered in order to plan a coherent litigation or compliance strategy. This Second Edition focuses on areas which have become of critical importance such as: - The modern slavery defence - Corporate accountability and modern slavery compliance statements - National Referral Mechanism for victims - How to identify victims of trafficking and modern slavery - How to elicit key information from victims of trafficking and modern slavery - Council of Europe Convention on Action against Trafficking in Human Beings - The EU Anti-trafficking Directive This highly accessible guide draws on the expertise and experience of professionals in different disciplines, so that practitioners can receive guidance for their own practice and an understanding of the inter-relationship with other practice areas. Criminal, immigration, commercial and civil lawyers will find this an essential guide. It is also important for businesses when undertaking human rights due diligence assessments, as well as for those who work in law enforcement, the judiciary and academia.
Download or read book The Right to The Truth in International Law written by Melanie Klinkner and published by Routledge. This book was released on 2019-07-26 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.
Download or read book Globalization and Its Impact on the Future of Human Rights and International Criminal Justice written by M. Cherif Bassiouni and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With globalization, state priorities concerning human rights and international criminal justice have subtly changed. This is particularly evident in the enhanced concerns of states with issues of national security, as they are perceived in so many different ways. At the same time, states' ability to govern and deliver public services are increasingly being challenged. Science and technology dominate the present state of globalization, having increased human interdependence and interconnectedness, but with paradoxical positive and negative effects and outcomes. They enhance the power and wealth of certain states while increasing the gap between those states and others. Social, economic, and political disparities have intensified. Internal state dysfunction is on the increase as evidenced by the number of failed and failing states among developing and under-developed societies. Globalization has also provided some states with a greater claim of exceptionalism. That claim is also extended to certain multi-national corporations and other non-state actors (NSAs) because of their wealth, worldwide activities, and their economic and political power. As a result, such entities have benefited from impunity, notwithstanding the harmful consequences of their conduct on human beings and on the environment. Environmental changes will continue to unleash harmful consequences on certain parts of the world, which will impact certain populations. As these and other negative consequences of globalization occur, the values and legal protections afforded to human rights, including an end to impunity for international crimes, is receding. This book examines the current impact of globalization on the future of human rights and international criminal justice. Subject: International Law, Human Rights Law, Criminal Law]
Download or read book The Impact of Human Rights Prosecutions written by Ulrike Capdepón and published by Leuven University Press. This book was released on 2020-11-16 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: New perspectives on human rights prosecutions in various regional contexts Human rights prosecutions are the most prominent mechanisms that victims demand to obtain accountability. Dealing with a legacy of gross human rights violations presents opportunities to enhance the right to justice and promote a more equal application of criminal law, a fundamental condition for a more substantive democracy in societies. This book seeks to analyse the impact, advances, and difficulties of prosecuting perpetrators of mass atrocities at national and international levels. What role does criminal justice play in redressing victims’ wrongs, guaranteeing the non-repetition of mass atrocities, and attempting to overcome the damage caused by systematic human rights violations? This volume addresses critical issues in the field of human rights prosecution by drawing on the experiences of a variety of post-conflict and authoritarian countries covering three world regions. Contributing authors cover prosecutions in post-Nazi Germany, post-Communist Romania, and transnational legal complaints by victims of the Franco dictatorship, as well as domestic and third-country prosecutions for human rights violations in the pioneering South American countries of Argentina, Chile, Peru, and Uruguay, prosecutions in Darfur and Kenya, and the work of the International Criminal Court. The Impact of Human Rights Prosecutions offers insights into the difficulties human rights trials face in different contexts and regions, and also illustrates the development of these legal procedures over time. The volume will be of interest to human rights scholars as well as legal practitioners, participants, justice system actors, and policy makers.
Download or read book Beyond Virtue and Vice written by Alice M. Miller and published by University of Pennsylvania Press. This book was released on 2019-02-22 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, human rights as legal doctrine and practice has shifted its engagement with criminal law from a near exclusive condemnation of it as a source of harm toward increasingly invoking it as a necessary remedy for abuses. These shifts are most visible in the context of sexuality, reproduction, and gender. Criminal law appears in modern states as a tool for societies to define forbidden acts (crimes) and prescribe punishments. It authorizes the state to use force as an aspect of expressing and establishing norms—societal expectations for acceptable behavior which when breached permit individuals to be excluded and stigmatized as unfit for inclusion. But the core principles of human rights oppose exclusion and stigma and embrace the equality and dignity of all. Therefore there is an insuperable tension when human rights actors invoke criminal law to protect and vindicate human rights violations. Beyond Virtue and Vice examines the ways in which recourse to the criminal law features in work by human rights advocates regarding sexuality, gender, and reproduction and presents a framework for considering if, when, and under what conditions, recourse to criminal law is compatible with human rights. Contributors from a wide range of disciplinary fields and geographic locations offer historical and contemporary perspectives, doctrinal cautionary tales, and close readings of advocacy campaigns on the use of criminal law in cases involving abortion and reproductive rights, HIV/AIDS, sex work and prostitution law, human trafficking, sexual violence across genders, child rights and adolescent sexuality, and LGBT issues. The volume offers specific values and approaches of possible use to advocates, activists, policy makers, legislators, scholars, and students in their efforts to craft dialogue and engagement to move beyond state practices that compromise human rights in the name of restraining vice and extolling virtue. Contributors: Aziza Ahmed, Widney Brown, Sealing Cheng, Sonia Corrêa, Joanna N. Erdman, Janet Halley, Alli Jernow, Maria Lucia Karam, Ae-Ryung Kim, Scott Long, Vrinda Marwah, Alice M. Miller, Geetanijali Misra, Rasha Moumneh, Wanja Muguongo, Oliver Phillips, Zain Rizvi, Mindy Jane Roseman, Esteban Restrepo Saldarriaga, Tara Zivkovic.
