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Amnesty For Crimes Against Humanity Under International Law
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Book Synopsis Amnesty for Crimes Against Humanity Under International Law by : Faustin Z. Ntoubandi
Download or read book Amnesty for Crimes Against Humanity Under International Law written by Faustin Z. Ntoubandi and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on crystallizing trends in State's practice in respect of amnesty, this book provides a comprehensive legal framework within which grants of amnesty can be reconciled with the duty to prosecute core crimes under international law.
Book Synopsis Amnesty for Crime in International Law and Practice by : Andreas O'Shea
Download or read book Amnesty for Crime in International Law and Practice written by Andreas O'Shea and published by BRILL. This book was released on 2002-02-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a comprehensive and well-researched study of the relationship between municipal amnesty laws and developing principles of international criminal law. It pursues a path towards defining criteria for reconciling these two delicate fields of transitional justice. It concludes with a concrete proposal for the international community of states.
Book Synopsis Amnesty in International Law by : Ben Chigara
Download or read book Amnesty in International Law written by Ben Chigara and published by Addison-Wesley Longman Limited. This book was released on 2002 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this polemical book, the author presents a rigorous legal analysis of national amnesty laws - often called transitional or transformative justice - that seek to exculpate human rights violators from liability for criminal conduct under both national and international law. A model is developed for distinguishing legally sustainable national amnesty laws from unsustainable ones - the VANPAJR test. The author concludes that any scope of national amnesty laws to expunge criminal or civil liability of human rights violators is ultimately unsustainable under international law.
Book Synopsis Amnesty, Serious Crimes and International Law by : Josepha Close
Download or read book Amnesty, Serious Crimes and International Law written by Josepha Close and published by Routledge. This book was released on 2019-05-16 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.
Download or read book Necessary Evils written by Mark Freeman and published by Cambridge University Press. This book was released on 2009-11-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about amnesties for grave international crimes that states adopt in moments of transition or social unrest. The subject is naturally controversial, especially in the age of the International Criminal Court. The goal of this book is to reframe and revitalise the global debate on the subject and to offer an original framework for resolving amnesty dilemmas when they arise. Most literature and jurisprudence on amnesties deal with only a small subset of state practice and sidestep the ambiguity of amnesty's position under international law. This book addresses the ambiguity head on and argues that amnesties of the broadest scope are sometimes defensible when adopted as a last recourse in contexts of mass violence. Drawing on an extensive amnesty database, the book offers detailed guidance on how to ensure that amnesties extend the minimum leniency possible, while imposing the maximum accountability on the beneficiaries.
Book Synopsis Justice for Crimes Against Humanity by : Mark Lattimer
Download or read book Justice for Crimes Against Humanity written by Mark Lattimer and published by Hart Publishing. This book was released on 2003-12 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses developments in international law and seeks to end impunity by bringing to justice those accused of crimes against humanity.
Book Synopsis Amnesty in the Age of Human Rights Accountability by : Francesca Lessa
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.
Book Synopsis Forging a Convention for Crimes against Humanity by : Leila Nadya Sadat
Download or read book Forging a Convention for Crimes against Humanity written by Leila Nadya Sadat and published by Cambridge University Press. This book was released on 2011-03-28 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.
Book Synopsis The African Criminal Court by : Gerhard Werle
Download or read book The African Criminal Court written by Gerhard Werle and published by Springer. This book was released on 2016-11-29 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Book Synopsis Transitional Justice and a State’s Response to Mass Atrocity by : Jacopo Roberti di Sarsina
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.
Book Synopsis Crimes Against Humanity by : Geoffrey Robertson
Download or read book Crimes Against Humanity written by Geoffrey Robertson and published by . This book was released on 1999 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among other accomplishments, British barrister Robertson has appeared as counsel in many landmark human-rights cases, and he conducted missions for Amnesty International to South Africa and Vietnam during the 1980s. Here he identifies a shift from diplomacy to law as the crucial post-Cold War development in the world's efforts on behalf of human rights, and he writes authoritatively about history, the current situation in various parts of the world, and prospects for the future. Kenneth Roth, executive director of Human Rights Watch, provides an introduction. The book was originally published in the UK (1999, Allen Lane, The Penguin Press). Distributed by W.W. Norton. Annotation copyrighted by Book News, Inc., Portland, OR
Book Synopsis The Legal Legacy of the Special Court for Sierra Leone by : Charles C. Jalloh
Download or read book The Legal Legacy of the Special Court for Sierra Leone written by Charles C. Jalloh and published by Cambridge University Press. This book was released on 2020-07-16 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the first treaty-based UN international tribunal's judges innovatively applied the law to perpetrators of international crimes in one of the worst conflicts in recent history.
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 Impunity and Human Rights in International Law and Practice by : Naomi Roht-Arriaza
Download or read book Impunity and Human Rights in International Law and Practice written by Naomi Roht-Arriaza and published by Oxford University Press. This book was released on 1995-07-13 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: As dictatorships topple around the world and transitional regimes emerge from the political rubble, the new governments inherit a legacy of widespread repression against the civilian population. This repression ranges from torture, forced disappearances, and imprisonment to the killings of both real and perceived political opponents. Nonetheless, the official status of the perpetrators shields them from sanction, creating a culture of impunity in which the most inhumane acts can be carried out without fear of repercussions. The new governments wrestle with whether or not to investigate prior wrongdoings by state officials. They must determine who, if any, of those responsible for the worst crimes should be brought to justice, even if this means annulling a previous amnesty law or risking a violent backlash by military or security forces. Finally, they have to decide how to compensate the victims of this repression, if at all. Beginning with a general consideration of theories of punishment and redress for victims, Impunity and Human Rights in International Law and Practice explores how international law provides guidance on these issues of investigation, prosecution, and compensation. It reviews some of the more well-known historical examples of societies grappling with impunity, including those arising from the Second World War and from the fall of the Greek, Spanish, and Portuguese dictatorships in the 1970s. Country studies from around the world look at how the problem of impunity has been dealt with in practice in the last two decades. The work then distills these experiences into a general discussion of what has and hasn't worked. It concludes by considering the role of international law and institutions in the future, especially given renewed interest in international mechanisms to punish wrong-doers. As individuals, governments, and international organizations come to grips with histories of repression and impunity in countries around the world, the need to define legal procedures and criteria for dealing with past abuses of human rights takes on a special importance. Impunity and Human Rights in International Law and Practice aims to share their experiences in the hope that lawyers, scholars, and activists in those countries where dealing with the past is only now becoming an imperative may learn from those who have recently confronted similar challenges. This work will be essential reading for lawyers, political and social scientists, historians and journalists, as well as human rights experts concerned with this important issue.
Book Synopsis End Impunity by : Amnesty International
Download or read book End Impunity written by Amnesty International and published by . This book was released on 2001 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every day, all over the world, men, women and children are subjected to torture. Usually these crimes are not investigated and no one is prosecuted. This book highlights the need for more pressure on governments to investigate cases at all levels.
Book Synopsis Intersections of Law and Culture at the International Criminal Court by : Julie Fraser
Download or read book Intersections of Law and Culture at the International Criminal Court written by Julie Fraser and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
Book Synopsis War Crimes in International Law by : Yoram Dinstein
Download or read book War Crimes in International Law written by Yoram Dinstein and published by BRILL. This book was released on 2023-09-29 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt:
