Download or read book The Fight Against Impunity in EU Law written by Luisa Marin and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.
Download or read book Anti Impunity and the Human Rights Agenda written by Karen Engle and published by Cambridge University Press. This book was released on 2016-12-15 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.
Download or read book The Oxford Handbook of International Criminal Law written by Darryl Robinson and published by Oxford University Press. This book was released on 2020-02-24 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Download or read book International Law and the Fight Against Impunity written by Federico Andreu Guzman and published by . This book was released on 2015 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The United Nations Principles to Combat Impunity written by Frank Haldemann and published by Oxford University Press. This book was released on 2018 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading experts in the field, this volume provides comprehensive academic commentary on the UN Principles to Combat Impunity. The book features the text of each of the 38 Principles, along with a full analysis, detailed commentary, and a guide to relevant literature and case law.
Download or read book Gross violations of human rights impunity and amnesty laws written by Bernal E. Monge Guevara and published by . This book was released on 1998 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The End of Corruption and Impunity written by Stuart S. Yeh and published by Rowman & Littlefield. This book was released on 2022-01-14 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: The End of Corruption and Impunity argues that it is feasible to limit the corruption that plagues developing regions of the world by implementing an international treaty designed to combat dysfunctional criminal justice systems and restore human rights.
Download or read book Between Impunity and Imperialism written by Kevin E. Davis and published by Oxford University Press, USA. This book was released on 2019 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses a series of high-profile cases to illustrate the key elements of transnational bribery law. It analyzes the law through the lenses of two competing theoretical approaches: the OECD paradigm and the anti-imperialist critique. It ultimately defends an alternative distinctively inclusive and experimentalist approach to transnational bribery law.
Download or read book The Inter American Human Rights System as a Safeguard for Justice in National Transitions written by Annelen Micus and published by BRILL. This book was released on 2015-08-11 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Inter-American Human Rights System as a Safeguard for Justice in National Transitions, Annelen Micus analyzes the importance of the Inter-American Human Rights System for transitional justice processes in Latin America, with a focus on Argentina, Chile and Peru. She examines which factors influence a country’s approach in confronting its past and addressing impunity. The emphasis is placed on the way countries may overcome amnesty laws with the support of international law in order to hold perpetrators of grave human rights violations to account. The book’s main focus is on the Inter-American Court of Human Rights, and the impact of its jurisprudence on legal proceedings and political decisions within the national transitional justice processes in the three countries.
Download or read book Justifying Genocide written by Stefan Ihrig and published by Harvard University Press. This book was released on 2016-01-04 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Armenian Genocide and the Nazi Holocaust are often thought to be separated by a large distance in time and space. But Stefan Ihrig shows that they were much more connected than previously thought. Bismarck and then Wilhelm II staked their foreign policy on close relations with a stable Ottoman Empire. To the extent that the Armenians were restless under Ottoman rule, they were a problem for Germany too. From the 1890s onward Germany became accustomed to excusing violence against Armenians, even accepting it as a foreign policy necessity. For many Germans, the Armenians represented an explicitly racial problem and despite the Armenians’ Christianity, Germans portrayed them as the “Jews of the Orient.” As Stefan Ihrig reveals in this first comprehensive study of the subject, many Germans before World War I sympathized with the Ottomans’ longstanding repression of the Armenians and would go on to defend vigorously the Turks’ wartime program of extermination. After the war, in what Ihrig terms the “great genocide debate,” German nationalists first denied and then justified genocide in sweeping terms. The Nazis too came to see genocide as justifiable: in their version of history, the Armenian Genocide had made possible the astonishing rise of the New Turkey. Ihrig is careful to note that this connection does not imply the Armenian Genocide somehow caused the Holocaust, nor does it make Germans any less culpable. But no history of the twentieth century should ignore the deep, direct, and disturbing connections between these two crimes.
Download or read book No Law No Justice No State for Victims written by and published by . This book was released on 2020 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has been 14 years since the armed conflict between Maoist insurgents and government forces ended in Nepal. Tens of thousands became victims of enforced disappearances, torture, rape, and unlawful killings in the decade of fighting between 1996 and 2006. They are still waiting for truth and justice. There have been hardly any successful prosecutions since the end of the conflict for severe violations. Resistance to address past abuses has entrenched impunity in the present and, combined with a failure to ensure security sector reform, has led to repeated lack of punishment in cases of serious human rights violations which still occur in Nepal. In a mounting number of alleged extrajudicial killings by the police, custodial deaths allegedly resulting from torture, and shootings of unarmed protesters in recent years, the authorities refused to take action despite strong evidence. We conclude that failure to provide justice for past crimes creates direct and tangible harms in the present: families who lost loved ones years ago continue to seek justice and are forced to live without closure. And as new cases of abuse by the police show, impunity for past crimes means that unaccountable and abusive individuals and institutions continue to claim new victims in post-conflict Nepal.
Download or read book Anti Impunity and the Turn to Criminal Law in Human Rights written by Karen Engle and published by . This book was released on 2015 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the beginning of the twenty-first century, the human rights movement has been almost synonymous with the fight against impunity. Today, to support human rights means to favor criminal accountability for those individuals who have violated international human rights or humanitarian law. It also means to be against amnesty laws that might preclude such accountability. This article both chronicles and critiques this turn to criminal law within human rights. It argues that as criminal law has become the enforcement tool of choice, it has negatively affected the lens through which the human rights movement and the international law scholars who support it view human rights violations. In short, as advocates increasingly turn to international criminal law to respond to issues ranging from economic injustice to genocide, they reinforce an individualized and decontextualized understanding of the harms they aim to address, even while relying on the state and on forms of criminalization of which they have long been critical.
Download or read book Transitional Justice in Latin America written by Elin Skaar and published by Routledge. This book was released on 2016-10-27 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.
Download or read book Amnesty in the Age of Human Rights Accountability written by Francesca Lessa and published by Cambridge University Press. This book was released on 2012-05-28 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.
Download or read book The History of the Armenian Genocide written by Vahakn N. Dadrian and published by Berghahn Books. This book was released on 2003 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dadrian, a former professor at SUNY, Geneseo, currently directs a genocide study project supported by the Guggenheim Foundation. The present study analyzes the devastating wartime destruction of the Armenian population of the Ottoman Empire as the cataclysmic culmination of a historical process involving the progressive Turkish decimation of the Armenians through intermittent and incremental massacres. In addition to the excellent general bibliography there is an annotated bibliography of selected books used in the study. Annotation copyright by Book News, Inc., Portland, OR
Download or read book Amnesty Human Rights and Political Transitions written by Louise Mallinder and published by Bloomsbury Publishing. This book was released on 2008-09-10 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amnesty laws are political tools used since ancient times by states wishing to quell dissent, introduce reforms, or achieve peaceful relationships with their enemies. In recent years, they have become contentious due to a perception that they violate international law, particularly the rights of victims, and contribute to further violence. This view is disputed by political negotiators who often argue that amnesty is a necessary price to pay in order to achieve a stable, peaceful, and equitable system of government. This book aims to investigate whether an amnesty necessarily entails a violation of a state's international obligations, or whether an amnesty, accompanied by alternative justice mechanisms, can in fact contribute positively to both peace and justice. This study began by constructing an extensive Amnesty Law Database that contains information on 506 amnesty processes in 130 countries introduced since the Second World War. The database and chapter structure were designed to correspond with the key aspects of an amnesty: why it was introduced, who benefited from its protection, which crimes it covered, and whether it was conditional. In assessing conditional amnesties, related transitional justice processes such as selective prosecutions, truth commissions, community-based justice mechanisms, lustration, and reparations programmes were considered. Subsequently, the jurisprudence relating to amnesty from national courts, international tribunals, and courts in third states was addressed. The information gathered revealed considerable disparity in state practice relating to amnesties, with some aiming to provide victims with a remedy, and others seeking to create complete impunity for perpetrators. To date, few legal trends relating to amnesty laws are emerging, although it appears that amnesties offering blanket, unconditional immunity for state agents have declined. Overall, amnesties have increased in popularity since the 1990s and consequently, rather than trying to dissuade states from using this tool of transitional justice, this book argues that international actors should instead work to limit the more negative forms of amnesty by encouraging states to make them conditional and to introduce complementary programmes to repair the harm and prevent a repetition of the crimes. David Dyzenhaus "This is one of the best accounts in the truth and reconciliation literature I've read and certainly the best piece of work on amnesty I've seen." Diane Orentlicher "Ms Mallinder's ambitious project provides the kind of empirical treatment that those of us who have worked on the issue of amnesties in international law have long awaited. I have no doubt that her book will be a much-valued and widely-cited resource."
Download or read book In Plain Sight written by Tyrell Haberkorn and published by University of Wisconsin Pres. This book was released on 2018-01-09 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following a 1932 coup d’état in Thailand that ended absolute monarchy and established a constitution, the Thai state that emerged has suppressed political dissent through detention, torture, forced reeducation, disappearances, assassinations, and massacres. In Plain Sight shows how these abuses, both hidden and occurring in public view, have become institutionalized through a chronic failure to hold perpetrators accountable. Tyrell Haberkorn’s deeply researched revisionist history of modern Thailand highlights the legal, political, and social mechanisms that have produced such impunity and documents continual and courageous challenges to state domination.
