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Accountability For International Humanitarian Law Violations The Case Of Rwanda And East Timor
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Book Synopsis Accountability for International Humanitarian Law Violations: The Case of Rwanda and East Timor by : Mohamed Othman
Download or read book Accountability for International Humanitarian Law Violations: The Case of Rwanda and East Timor written by Mohamed Othman and published by Springer Science & Business Media. This book was released on 2005-12-10 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is a critical review of accountability conducted under the authority of the United Nations Security Council, by the International Criminal Tribunal for Rwanda (ICTR), and the United Nations Transitional Administration in East Timor (UNTAET). It is centred on two case studies: the 1999 events in Rwanda, and the 1999 mayhem in East Timor. The books subjects to testing cross-examination tools to hold accountable persons with „the greatest responsibility" for serious international humanitarian law violations.
Book Synopsis Accountability for Human Rights Atrocities in International Law by : Steven R. Ratner
Download or read book Accountability for Human Rights Atrocities in International Law written by Steven R. Ratner and published by OUP Oxford. This book was released on 2009-01-29 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the promises and limitations of holding individuals accountable for violations of international human rights and humanitarian law. It analyses the principal crimes under international law, such as genocide, crimes against humanity, and war crimes, and appraises both prosecutorial and other key mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. This fully updated new edition contains expanded coverage of national trials under universal jurisdiction, international criminal tribunals including the International Criminal Court, new hybrid tribunals in Cambodia and elsewhere, truth commissions, and lustration. It also explores individual accountability for terrorist acts and for abuses committed in the name of counter-terrorism policy.
Book Synopsis The Crime of Conspiracy in International Criminal Law by : Juliet R. Amenge Okoth
Download or read book The Crime of Conspiracy in International Criminal Law written by Juliet R. Amenge Okoth and published by Springer. This book was released on 2014-05-13 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective nature of participation in commission of international crimes. Its use as a tool of accountability has, however, been affected by conflicting conceptual perceptions of conspiracy from common law and civil law countries. This conflict is displayed in the decisions on conspiracy by the international criminal tribunals, and finally culminates into the exclusion of punishment of conspiracy in the Rome Statute. It is questionable whether this latest development on the law of conspiracy was a prudent decision. While the function of conspiracy as a mode of liability is satisfactorily covered by the modes of participation in the Rome Statute, its function as a purely inchoate crime used to punish incomplete crimes is missing. This book creates a case for inclusion in the Rome Statute, punishment of conspiracies involving international crimes that do not extend beyond the conceptual stage, to reinforce the Statute’s purpose of prevention. The conspiracy concept proposed is one that reflects the characteristics acceptable under both common law and civil law systems.
Book Synopsis International Criminal Tribunals and Domestic Accountability by : Patryk I. Labuda
Download or read book International Criminal Tribunals and Domestic Accountability written by Patryk I. Labuda and published by Oxford University Press. This book was released on 2023-05-17 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1990s, the promise of justice for atrocity crimes was associated with the revival of international criminal tribunals (ICTs). More recently, however, there has been a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a 'complementarity turn', a paradigm shift toward domestic accountability in the field of international criminal justice, this book investigates how the shadow of international criminal tribunals influences the treatment of serious crimes at the national level. Drawing on research and interviews in Rwanda, the Democratic Republic of Congo, and Sierra Leone, this book develops a tripartite framework to analyse how states and tribunals work with, despite, or against one another in the fight against impunity. While international prosecutors and judges use the principle of complementarity to foster cooperation and decrease tension with government actors, Patryk I. Labuda argues that too much deference by ICTs toward states reduces the likelihood of accountability and may enable national elites to consolidate authoritarian power. By interrogating how international accountability stakeholders relate to their domestic counterparts, International Criminal Tribunals and Domestic Accountability advocates improvements to ICTs' institutional design and more dynamic interactions with states to strengthen the enforcement of international criminal law.
Book Synopsis International Human Rights in Context by : Henry J. Steiner
Download or read book International Human Rights in Context written by Henry J. Steiner and published by Oxford University Press, USA. This book was released on 2008 with total page 1534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Completely revised and updated to bring it up to date with recent events, this popular textbook incorporates a wide range of carefully edited materials from both primary and secondary sources.
Book Synopsis Indifference and Accountability by : David J. Cohen
Download or read book Indifference and Accountability written by David J. Cohen and published by . This book was released on 2006 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Transitional Justice and Rule of Law Reconstruction by : Padraig McAuliffe
Download or read book Transitional Justice and Rule of Law Reconstruction written by Padraig McAuliffe and published by Routledge. This book was released on 2013-06-26 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.
Book Synopsis The Ashgate Research Companion to International Criminal Law by : Yvonne McDermott
Download or read book The Ashgate Research Companion to International Criminal Law written by Yvonne McDermott and published by Routledge. This book was released on 2016-03-23 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm. This unique Research Companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future. The second part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused. The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law. As international criminal law becomes more established as a distinct discipline, it becomes imperative for international criminal scholarship to provide a degree of critical analysis, both of individual legal issues and of the international criminal project as a whole. This book represents an important collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.
Book Synopsis Judicial Reconstruction and the Rule of Law by : Angeline Lewis
Download or read book Judicial Reconstruction and the Rule of Law written by Angeline Lewis and published by Martinus Nijhoff Publishers. This book was released on 2012-08-27 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of building a blueprint ‘rule of law’ through military intervention has seized the imagination of practitioners and theorists alike in the past decade of peacebuilding operations, and an emphasis on simultaneous judicial reconstruction and security sector reform has emerged as their central strategy. This work, in a fresh approach based on recent military operations in Iraq and beyond, challenges both the universality of the blueprint and the doctrinal assumption that institutional reform by military interveners builds peace and legitimacy. In a comprehensive review, the essential role of the community in developing its own relationship with law, while interveners refocus exclusively on restoring public security using their extraordinary powers under international humanitarian law, emerges as the only future for ‘rule of law operations.’
Book Synopsis Asian Yearbook of International Law, Volume 12 (2005-2006) by : B.S. Chimni
Download or read book Asian Yearbook of International Law, Volume 12 (2005-2006) written by B.S. Chimni and published by BRILL. This book was released on 2008-01-31 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective. This is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Asian Yearbook of International Law provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. As a rule, each volume of the Asian Yearbook normally contains articles; notes; a section on State practice; an overview of the participation of Asian countries in multilateral treaties; a chronicle of events and incidents; surveys of the activities of international organizations which have special relevance to Asia, such as a survey of the activities of the Asian-African Legal Consultative Committee; and book review, bibliography and documents sections.
Book Synopsis Prosecuting International Crimes: A Multidisciplinary Approach by : Bartłomiej Krzan
Download or read book Prosecuting International Crimes: A Multidisciplinary Approach written by Bartłomiej Krzan and published by BRILL. This book was released on 2016-07-21 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume combines different views, backgrounds and underlying assumptions on the prosecution of international crimes. The contributions shed some additional, useful light that might prove helpful for identifying new dimensions of the reaction (judicial or other) towards international atrocities.
Book Synopsis International Prosecutors by : Luc Reydams
Download or read book International Prosecutors written by Luc Reydams and published by Oxford University Press. This book was released on 2012-05-31 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the prosecution as an institution and a function in a dozen international and hybrid criminal tribunals, from Nuremberg to the International Criminal Court. It is the result of a sustained collaborative effort among some twenty scholars and (former) tribunal staffers. The starting point is that the prosecution shapes a tribunal's practice and legacy more than any other organ and that a systematic examination of international prosecutors is therefore warranted. The chapters are organized chronologically, according to the successive phases of the life of the institution and the various stages of the trials. The analysis includes each institution's establishment, mandate and jurisdiction, as well as the prosecutorial framework and strategy, the prosecutor's external relations and the completion of the institution's work. The book also considers the prosecutors' independence and impartiality, and their accountability for their decisions. The volume thus provides a comprehensive picture of the mandate, organization, and operation of the prosecution in international criminal trials. As the first comprehensive study of an international legal actor whose decisions have widespread political repercussions, this book will be essential reading for all with an interest in international criminal justice.
Book Synopsis Rethinking International Law and Justice by : Charles Sampford
Download or read book Rethinking International Law and Justice written by Charles Sampford and published by Routledge. This book was released on 2016-04-08 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.
Book Synopsis The Elgar Companion to the International Criminal Tribunal for Rwanda by : Anne-Marie de Brouwer
Download or read book The Elgar Companion to the International Criminal Tribunal for Rwanda written by Anne-Marie de Brouwer and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice.
Book Synopsis Human Rights and State Security by : Anja Jetschke
Download or read book Human Rights and State Security written by Anja Jetschke and published by University of Pennsylvania Press. This book was released on 2011-06-06 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, influential studies have shown that the activities of human rights organizations are central in convincing violating governments to improve their practices. Yet some governments continue to get away with human rights violations despite mobilizations against them. In Human Rights and State Security: Indonesia and the Philippines, Anja Jetschke considers the impact of transnational human rights advocacy on the process of human rights reform and democratization in two countries that have been successful in resisting international human rights pressure. Jetschke details the effects of campaigns waged by international and domestic NGOs, foreign governments, local opposition leaders, and international organizations. She argues that the literature on transnational advocacy overlooks the ability of governments to justify and excuse human rights violations in their public dialogue with human rights organizations. Describing efforts of international and domestic human rights advocates to protect the rights of various groups, the case studies in this book suggest that governments successfully block or evade pressures if they invoke threats to state security. Jetschke finds that state security puts into play a set of powerful international norms related to sovereignty—a state's right to territorial integrity, the secular organization of the state, or a government's lack of control over the means of organized violence. If governments frame persuasive arguments around these norms, they can effectively mobilize competing domestic and international groups and trump human rights advocacy. Human Rights and State Security shows that the content and arguments on behalf of human rights matter and provide opportunities for both governments and civil society organizations to advance their agendas.
Book Synopsis Fact-Finding without Facts by : Nancy A. Combs
Download or read book Fact-Finding without Facts written by Nancy A. Combs and published by Cambridge University Press. This book was released on 2010-07-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Fact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.
Book Synopsis The Legacy of the International Criminal Tribunal for the Former Yugoslavia by : the late Bert Swart
Download or read book The Legacy of the International Criminal Tribunal for the Former Yugoslavia written by the late Bert Swart and published by Oxford University Press. This book was released on 2011-05-19 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established in 1993 and is due to complete its trials by 2011. Easily the most credible and prodigious of the international tribunals established in this period, the ICTY is by far the most important source of case law on international criminal law. This is reflected in the citations it receives by other courts and by learned commentators. Long after its dissolution, the ICTY will most likely serve as an important frame of reference for the International Criminal Court and other courts dealing with international crimes, including national courts. The publication of this book coincides with the year of cessation of trial activity at the ICTY. Its purpose is to mark this significant milestone in international law with a series of in-depth, critical reflections on the institution's legacy by eminent scholars and practitioners. In the course of seventeen chapters, the contributing authors analyse the main features of the ICTY's work in an unprecedented examination of the institution's legitimacy, core principles, methodologies, unstated assumptions, political circumstances, and impact-and indeed, its legacy.
