Download or read book Standing Up for Justice written by Theodor Meron and published by Oxford University Press. This book was released on 2021-03-25 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about international criminal justice written by one of its foremost practitioners and academic thinkers, Judge Theodor Meron. For two decades, Judge Meron has been at the heart of the international criminal justice system, serving as President of the International Criminal Tribunal for the former Yugoslavia (ICTY), President of the International Residual Mechanism for Criminal Tribunals, and a Judge of the Appeals Chambers of the ICTY and the International Criminal Tribunal for Rwanda. Drawing on this experience, and his life and career before serving as an international judge, Judge Meron reflects on some of the key questions facing the international criminal justice system. In the opening chapter, Judge Meron writes vividly about his childhood experiences in Poland during World War II, his education, career with the Israeli Foreign Ministry, and subsequent move into academia in the United States. The book continues with Meron's reflections on what it means to transform from a law professor into an international criminal judge, and shifts focus to the criminal courtroom, addressing topics such as the judicial function, the rule of law, and the principle of fairness in trying atrocity crimes: genocide, crimes against humanity, and war crimes. Judge Meron discusses judicial independence and impartiality in international criminal courts, shedding light on the mystery of judicial decision-making and deliberations. Notably, he addresses the controversial subjects of acquittals and the early release of prisoners. Although acquittals are often seen as a failure of international justice, Judge Meron argues that legal principle must come before any extraneous purpose, however desirable that purpose may be. Finally, the book looks ahead at the challenges facing the future of international justice and accountability, and discusses the all-important question: does international criminal justice work?
Download or read book Justice Or Atrocity written by Gerard A. Patterson and published by Thomas Publications (PA). This book was released on 1998 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Arts of Transitional Justice written by Peter D. Rush and published by Springer Science & Business Media. This book was released on 2013-09-25 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Art of Transitional Justice examines the relationship between transitional justice and the practices of art associated with it. Art, which includes theater, literature, photography, and film, has been integral to the understanding of the issues faced in situations of transitional justice as well as other issues arising out of conflict and mass atrocity. The chapters in this volume take up this understanding and its demands of transitional justice in situations in several countries: Afghanistan, Serbia, Srebenica, Rwanda, Northern Ireland, Cambodia, as well as the experiences of resulting diasporic communities. In doing so, it brings to bear the insights from scholars, civil society groups, and art practitioners, as well as interdisciplinary collaborations.
Download or read book Transitional Justice and a State s Response to Mass Atrocity written by Jacopo Roberti di Sarsina and published by Springer. This book was released on 2019-03-26 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.
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 263 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 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 Transitional Justice in Rwanda written by Gerald Gahima and published by Routledge. This book was released on 2013-02-15 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 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 My Neighbor My Enemy written by Eric Stover and published by Cambridge University Press. This book was released on 2004-12-02 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: My Neighbour, My Enemy tackles a crucial and highly topical issue - how do countries rebuild after ethnic cleansing and genocide? And what role do trials and tribunals play in social reconstruction and reconciliation. By talking with people in Rwanda and the former Yugoslavia and carrying out extensive surveys, the authors explore what people think about their past and the future. Their conclusions controversially suggest that international or local trials have little relevance to reconciliation. Communities understand justice far more broadly than it is defined by the international community and the relationship of trauma to a desire for trials is not clear-cut. The authors offer an ecological model of social reconstruction and conclude that coordinated multi-systemic strategies must be implemented if social repair is to occur. Finally, the authors suggest that while trials are essential to combat impunity and punish the guilty, their strengths and limitations must be acknowledged.
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 246 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 War Crimes Atrocity and Justice written by Michael J. Shapiro and published by John Wiley & Sons. This book was released on 2014-12-08 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do we know about war crimes and justice? What are the discursive practices through which the dominant images of war crimes, atrocity and justice are understood? In this wide ranging text, Michael J. Shapiro contrasts the justice-related imagery of the war crimes trial (for example the solitary, headphone-wearing defendant at the Hague listening with intent to a catalogue of charges) with ?literary justice?: representations in literature, film, and biographical testimony, raising questions about atrocities and justice that juridical proceedings exclude. By engaging with the ambiguities exposed by the artistic and experiential genres, reading them alongside policy and archival documentation and critical theoretical discourses, Shapiro?s War Crimes, Atrocity, and Justice challenges traditional notions of ?responsibility? in juridical settings. His comparative readings instead encourage a focus on the conditions of possibility for war crimes as they arise from the actions of states, non-state agencies and individuals involved in arms trading, peace keeping, sex trafficking, and law enforcement and adjudication. Theory springs to life as Shapiro draws on examples from legal discourse, literature, media, film, and television, to build a nuanced picture of politics and the problem of justice. It will be of great interest to students of film and media, literature, cultural studies, contemporary philosophy and political science
Download or read book Libya s Unknown Atrocity written by Felicity Prazak and published by John Hunt Publishing. This book was released on 2013-04-26 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: A true account of Felicity's search for justice following the murder of her husband, Victor Prazak, in Libya. Victor died on the 22nd of December 1992 when the passenger plane he was travelling on was brought down by a Libyan military MiG. Victor, the only Westerner on board the plane, was buried in a mass grave in the Libyan Desert without Felicity's consent. She was not even allowed to attend the burial. After nineteen years of fighting to uncover the truth, the recent uprising in Libya has brought to light the facts of the case. She is still petitioning the British government for an inquest, and is involved in legal action against the Libyan state. ,
Download or read book Atrocity Speech Law written by Gregory S. Gordon and published by Oxford University Press. This book was released on 2017 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.
Download or read book Atrocity and American Military Justice in Southeast Asia written by Louise Barnett and published by Routledge. This book was released on 2010-01-21 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using individual judicial proceedings held within war-time Southeast Asia, this book analyses how the American military legal system handled crimes against civilians and determines what these cases reveal about the way that war produces atrocity against civilians.
Download or read book Women as War Criminals written by Izabela Steflja and published by Stanford University Press. This book was released on 2020-09-08 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women war criminals are far more common than we think. From the Holocaust to ethnic cleansing in the Balkans to the Rwandan genocide, women have perpetrated heinous crimes. Few have been punished. These women go unnoticed because their very existence challenges our assumptions about war and about women. Biases about women as peaceful and innocent prevent us from "seeing" women as war criminals—and prevent postconflict justice systems from assigning women blame. Women as War Criminals argues that women are just as capable as men of committing war crimes and crimes against humanity. In addition to unsettling assumptions about women as agents of peace and reconciliation, the book highlights the gendered dynamics of law, and demonstrates that women are adept at using gender instrumentally to fight for better conditions and reduced sentences when war ends. The book presents the legal cases of four women: the President (Biljana Plavšic), the Minister (Pauline Nyiramasuhuko), the Soldier (Lynndie England), and the Student (Hoda Muthana). Each woman's complex identity influenced her treatment by legal systems and her ability to mount a gendered defense before the court. Justice, as Steflja and Trisko Darden show, is not blind to gender.
