Download or read book Hybrid Perspectives on Legacies of the Extraordinary Chambers in the Courts of Cambodia ECCC written by and published by . This book was released on 2012 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hybrid Justice written by John D. Ciorciari and published by University of Michigan Press. This book was released on 2014-02-20 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: A definitive scholarly treatment of the ECCC from legal and political perspectives
Download or read book The Extraordinary Chambers in the Courts of Cambodia written by Simon M. Meisenberg and published by Springer. This book was released on 2016-03-30 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC’s hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed assessment of their legacies and contribution to international criminal law. The collection, containing 20 chapters from leading scholars and practitioners with inside knowledge of the ECCC, discuss the most pressing topics and its implications for international criminal law. These include the establishment of the ECCC, subject matter crimes, joint criminal enterprise and procedural aspects, including questions regarding the trying of frail accused persons and the admission of torture statements into evidence. Simon M. Meisenberg is an Attorney-at-Law in Germany, formerly he was a Legal Advisor to the ECCC and a Senior Legal Officer at the Special Court for Sierra Leone. Ignaz Stegmiller is Coordinator for the International Programs of the Faculty of Law at the Franz von Liszt Institute for International and Comparative Law, Giessen, Germany.
Download or read book Arcs of Global Justice written by Margaret M. DeGuzman and published by Oxford University Press. This book was released on 2018 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: M. Cherif Bassiouni / Human rights and international criminal justice in the twenty first century : the end of the post-WWII phase and the beginning of an uncertain new era -- Thomas A. Cromwell and Bruno Gélinas-Faucher, William Schabas / The Canadian Charter of rights and freedoms, and international human rights law -- Emmanuel Decaux / The International Convention on the Protection of All Persons from Enforced Disappearance, as a victim-oriented treaty --Kathleen Cavanaugh and Joshua Castellino / The politics of sectarianism and its reflection in questions of international law & state formation in The Middle East -- Sandra L. Babcock / International law and the death penalty : a toothless tiger, or a meaningful force for change? -- Marc Bossuyt / The UN optional protocol on the abolition of the death penalty --Christof Heyns and Thomas Probert and Tess Borden / The right to life and the progressive abolition of the death penalty -- Zhao Bingzhi / Progress and trend of the reform of the death penalty in China -- Margaret M. DeGuzman / Criminal law philosophy in international criminal law scholarship -- Frédéric Mégret / Is the ICC focusing too much on non-state actors? -- Shane Darcy / The principle of legality at the crossroads of human rights and international criminal law -- Alain Pellet / Revisiting the sources of applicable law before the ICC -- Mireille Delmas-Marty / The ICC as a work in progress, for a world in process -- Carsten Stahn / Legacy in international criminal justice -- Andrew Clapham and Paola Gaeta / Torture by private actors and 'gold plating' the offence in national law : an exchange of emails in honour of William Schabas -- Hirad Abtahi and Philippa Webb / Secrets and surprises in the Travaux préparatoires of the genocide convention -- Jérémie Gilbert / Perspectives on cultural genocide : from criminal law to cultural diversity -- Beth Van Schaack / Crimes against humanity : repairing Title 18's blind spots -- Leila Nadya Sadat / A new global treaty on crimes against humanity : future prospects -- Mark A. Drumbl / Justice outside of criminal courtrooms and jailhouses -- Charles Chernor Jalloh / Toward greater synergy between courts and truth commissions in post-conflict contexts : lessons from Sierra Leone -- Geoffrey Nice and Nevenka Tromp / Criminal trial as a tool to control historical narrative -- Mary Ellen O'Connell / The arc toward justice and peace -- Adama Dieng / The maintenance of international peace and security through prevention of atrocity crimes : the question of co-operation between the UN and regional arrangements -- Emma Sandon / Law and film : curating rights cinema -- Wayne Jordash / The role of advocates in developing international law -- Diane Marie Amann / Bill the blogger
Download or read book Routledge Handbook of Southeast Asian Development written by Andrew McGregor and published by Routledge. This book was released on 2017-11-06 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Southeast Asia is one of the most diverse regions in the world – hosting a wide range of languages, ethnicities, religions, economies, ecosystems and political systems. Amidst this diversity, however, has been a common desire to develop. This provides a uniting theme across landscapes of difference. This Handbook traces the uneven experiences that have accompanied development in Southeast Asia. The region is often considered to be a development success story; however, it is increasingly recognized that growth underpinning this development has been accompanied by patterns of inequality, violence, environmental degradation and cultural loss. In 30 chapters, written by established and emerging experts of the region, the Handbook examines development encounters through four thematic sections: • Approaching Southeast Asian development, • Institutions and economies of development, • People and development and • Environment and development. The authors draw from national or sub-national case studies to consider regional scale processes of development – tracing the uneven distribution of costs, risks and benefits. Core themes include the ongoing neoliberalization of development, issues of social and environmental justice and questions of agency and empowerment. This important reference work provides rich insights into the diverse impacts of current patterns of development and in doing so raises questions and challenges for realizing more equitable alternatives. It will be of value to students and scholars of Asian Studies, Development Studies, Human Geography, Political Ecology and Asian Politics.
Download or read book Justice in Conflict written by Mark Kersten and published by Oxford University Press. This book was released on 2016-08-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Download or read book Hybrid Justice written by John D. Ciorciari and published by University of Michigan Press. This book was released on 2020-01-14 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2006, the United Nations and Cambodian Government have participated in the Extraordinary Chambers in the Courts of Cambodia, a hybrid tribunal created to try key Khmer Rouge officials for crimes of the Pol Pot era. In Hybrid Justice, John D. Ciorciari and Anne Heindel examine the contentious politics behind the tribunal’s creation, its flawed legal and institutional design, and the frequent politicized impasses that have undermined its ability to deliver credible and efficient justice and leave a positive legacy. They also draw lessons and principles for future hybrid and international courts and proceedings.
Download or read book Civil Society and Transitional Justice in Asia and the Pacific written by Claire Cronin and published by ANU Press. This book was released on 2019-01-01 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last two decades, civil society has helped catalyse responses to the legacies of violent conflicts and oppressive political regimes in Asia and the Pacific. Civil society has advocated for the establishment of criminal trials and truth commissions, monitored their operations and pushed for take-up of their recommendations. It has also initiated community-based transitional justice responses. Yet, there has been little in-depth examination of the breadth and diversity of these roles. This book addresses this gap by analysing the heterogeneity of civil society transitional justice activity in Asia and the Pacific. Based upon empirically grounded case studies of Timor-Leste, Indonesia, Cambodia, Myanmar, Bougainville, Solomon Islands and Fiji, this book illustrates that civil society actors can have different - and sometimes competing - priorities, resources and approaches to transitional justice. Their work is also underpinned by diverse understandings of 'justice'. By reflecting on the richness of this activity, this book advances contemporary debates about transitional justice and civil society. It will also be a valuable resource for scholars and practitioners working on Asia and the Pacific.
Download or read book The Special Tribunal for Lebanon written by Amal Alamuddin and published by Oxford University Press, USA. This book was released on 2014-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Special Tribunal of the Lebanon is the first international Tribunal established to try the perpetrators of a terrorist act: the murder of the Lebanese Prime Minister in 2005. This book, written by practitioners with experience of the court and experts in international criminal law, provides a detailed assessment of its unique law and practice.
Download or read book International and Transnational Criminal Law written by David Luban and published by Aspen Publishing. This book was released on 2023-09-15 with total page 1853 pages. Available in PDF, EPUB and Kindle. Book excerpt: International and Transnational Criminal Law, Fourth Edition, by David J. Luban, Julie R. O’Sullivan, David P. Stewart, and Neha Jain covers both international criminal law and the application of U.S. criminal law transnationally. This comprehensive and versatile book has chapters on each of the core crimes (aggression, genocide, crimes against humanity, and war crimes) as well as terrorism and torture. It has separate chapters on the international tribunals from Nuremberg on and the ICC. Other chapters treat modes of liability, defenses, crimes against women, and alternatives to criminal prosecution in post-conflict societies. It also covers U.S. criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, trafficking, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and U.S. constitutional rights abroad. Introductory chapters on the nature of international criminal law, transnational jurisdiction, and the basics of public international law make the book accessible to students (as well as government lawyers and private practitioners) with no prior background in this increasingly important field. New to the Fourth Edition: Recent developments in the international tribunals, including the Special Court for the Central African Republic and Colombia’s Special Jurisdiction for Peace. Updates on post-Morrison jurisdictional developments, including new cases and exposition. Expanded treatment of aggression, including coverage of the Russia-Ukraine conflict. Comprehensive revision of the chapter on obtaining evidence abroad, with greater emphasis on difficulties facing defense counsel. Updates on ICC jurisprudence, including developments on command responsibility and criminal defenses. Updated genocide chapter, including a new section on cultural genocide and discussion of the Ukraine v. Russia ICJ litigation. Professors and students will benefit from: Versatility: The book can be used for courses on international criminal law and also for courses on U.S. criminal law applied across borders. Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law. A detailed treatment of “headline” issues including torture, terrorism, war crimes, and the Russia-Ukraine conflict. Readable background on historical context.
Download or read book The International Element Statehood and Democratic Nation building written by Dren Doli and published by Springer. This book was released on 2019-02-19 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a unique endeavor to elucidate the story of Kosovo’s unilateral quest for statehood. It is an inquiry into the international legal aspects and processes that shaped and surrounded the creation of the state of Kosovo. Being created outside the post-colonial context, Kosovo offers a unique yet controversial example of state emergence both in the theory and practice of creation of states. Accordingly, the book investigates the legal pathways, strategies, developments and policy positions of international agencies/actors and regional players (in particular the EU) that helped Kosovo to establish its independence and gradually acquire statehood. Although contested, Kosovo, and its quest for statehood, represents a unique example of successful unilateral secession. The book therefore explores and analyses patterns of state formation and nation-building in Kosovo, and its transition to democracy. It presents a three-level assessment. First, seen from a historical perspective, the book examines the validity of the right of Kosovar-Albanians to self-determination and remedial secession. Second, from a legal positivist perspective, it scrutinizes all of the legalist arguments that support Kosovo’s right to statehood, and claims that both traditional and legality-based criteria for statehood remain insufficient to determine whether Kosovo has achieved statehood. Third, from a post-factum perspective, the book analyzes the scope and extent to which the internationally blended element was decisive in Kosovo’s state-formation and state-building processes. It explains how the EU’s involvement as an ‘internationally blended element’ in Kosovo’s efforts to achieve statehood was instrumental and played a crucial role in shaping the emerging state. In particular, the book elaborates on how the EU was able to streamline its mode of intervention in the context of state-building and reform.
Download or read book Legacies of the International Criminal Tribunal for the Former Yugoslavia written by Carsten Stahn and published by Oxford University Press. This book was released on 2020-06-10 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Tribunal for the former Yugoslavia (ICTY) is one the pioneering experiments in international criminal justice. It has left a rich legal, institutional, and non-judicial legacy. This edited collection provides a broad perspective on the contribution of the tribunal to law, memory, and justice. It explores some of the accomplishments, challenges, and critiques of the ICTY, including its less visible legacies. The book analyses different sites of legacy: the expressive function of the tribunal, its contribution to the framing of facts, events, and narratives of the conflict in the former Yugoslavia, and investigative and experiential legacies. It also explores lesser known aspects of legal practice (such as defence investigative ethics, judgment drafting, contempt cases against journalists, interpretation and translation), outreach, approaches to punishment and sentencing, the tribunals' impact on domestic legal systems, and ongoing debates over impact and societal reception. The volume combines voices from inside the tribunal with external perspectives to elaborate the rich history of the ICTY, which continues to be written to this day.
Download or read book Realizing Reparative Justice for International Crimes written by Miriam Cohen and published by Cambridge University Press. This book was released on 2020-07-02 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a timely and systematic study of reparations in international criminal justice, going beyond a theoretical analysis of the system established at the International Criminal Court (ICC). It originally engages with recent decisions and filings at the ICC relating to reparation and how the criminal and reparative dimensions of international criminal justice can be reconciled. This book is equally innovative in its extensive treatment of the significant challenges of adjudicating on reparations, and proposing recommendations based on concrete experiences. With recent and imminent decisions from the ICC, and developments in national courts and beyond, Miriam Cohen provides a critical analysis of the theory and emerging jurisprudence of reparations for international crimes, their impact on victims and stakeholders.
Download or read book Hybrid Tribunals written by Aaron Fichtelberg and published by Springer. This book was released on 2015-06-09 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines hybrid tribunals created in Sierra Leone, Kosovo, Cambodia, East Timor, and Lebanon, in terms of their origins (the political and social forces that led to their creation), the legal regimes that they used, their various institutional structures, and the challenges that they faced during their operations. Through this study, the author looks at both their successes and their shortcomings, and presents recommendations for the formation of future hybrid tribunals. Hybrid tribunals are a form of the international justice where the judicial responsibility is shared between the international community and the local state where they function. These tribunals represent an important bridge between traditional international courts like the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and various local justice systems. Because hybrid tribunals are developed in response to large-scale atrocities, these courts are properly considered part of the international criminal justice system. This feature gives hybrid tribunals the accountability and legitimacy often lost in local justice systems; however, by including regional courtroom procedures and personnel, they are integrated into the local justice system in a way that allows a society to deal with its criminals on its own terms, at least in part. This unique volume combines historical and legal analyses of these hybrid tribunals, placing them within a larger historical, political, and legal context. It will be of interest to researchers in Criminal Justice, International Studies, International Law, and related fields.
Download or read book Victims Atrocity and International Criminal Justice written by Rachel Killean and published by Routledge. This book was released on 2018-07-03 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: While international criminal courts have often been declared as bringing ‘justice’ to victims, their procedures and outcomes historically showed little reflection of the needs and interests of victims themselves. This situation has changed significantly over the last sixty years; victims are increasingly acknowledged as having various ‘rights’, while their need for justice has been deployed as a means of justifying the establishment of international criminal courts. However, it is arguable that the goals of political and legal elites continue to be given precedence, and the ability of courts to deliver ‘justice to victims’ remains contested. This book contributes to this important debate through an examination of the role of victims as civil parties within the Extraordinary Chambers in the Courts of Cambodia. Drawing on a series of interviews with civil parties, court practitioners and civil society actors, the book explores the way in which both the ECCC and the role of victims within it are shaped by specific political, economic and legal contexts; examining the ‘gap’ between the legitimising value of the ‘imagined victim’, and the extent to which victims are able to further their interests within the courtroom.
Download or read book Reparations for Victims of Genocide War Crimes and Crimes Against Humanity written by Carla Ferstman and published by BRILL. This book was released on 2009 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.
Download or read book Gender and Genocide in Cambodia written by Azra Rashid and published by Taylor & Francis. This book was released on 2023-10-31 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the multiplicity of women’s experiences in the Cambodian genocide during the four-year rule of the Khmer Rouge. The dominant discourses of genocide often speak from a patriarchal and national perspective, rendering women speechless, and yet in this volume, the female survivors of the Cambodian genocide testify not only to the specific atrocities committed during the war but also to the pre-war conditions that laid the groundwork for a gender-specific victimization of women and its continuation post-war. With the help of testimonies from Khmer women who joined the Khmer Rouge, women who experienced sexual violence during the Khmer Rouge era, women who fled the country, and the Cham women who faced expulsion from home, this book explores the diversity of women’s experiences under the Khmer Rouge. Survivors’ accounts show that a Khmer woman’s experience with the Khmer Rouge was considerably different from the experience of not only a Khmer man but also a woman from a religious or ethnic minority group or a woman who chose to join the Khmer Rouge. These differences are conveniently ignored in nationalist discourses in Cambodia and by western scholars of history and gender-based violence, and they are given even less consideration in discourses about women survivors in diaspora. Instead of forcing generalization and universalization of gendered crimes of war, Gender and Genocide in Cambodia employs feminist curiosity and closely examines women’s experiences under the Khmer Rouge from multiple vantage points. This volume is essential reading for students and scholars interested in gender and cultural studies, political history, and modern history.
