Amnesty laws, gross human rights violations and the role of the judiciary

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Publisher :
ISBN 13 :
Total Pages : 102 pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis Amnesty laws, gross human rights violations and the role of the judiciary by : Pablo M. Ovalle

Download or read book Amnesty laws, gross human rights violations and the role of the judiciary written by Pablo M. Ovalle and published by . This book was released on 1995 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Necessary Evils

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Publisher : Cambridge University Press
ISBN 13 : 1139485601
Total Pages : 375 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Necessary Evils by : Mark Freeman

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 375 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.

The Provocations of Amnesty

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Publisher : New Africa Books
ISBN 13 : 9780864866158
Total Pages : 356 pages
Book Rating : 4.8/5 (661 download)

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Book Synopsis The Provocations of Amnesty by : Erik Doxtader

Download or read book The Provocations of Amnesty written by Erik Doxtader and published by New Africa Books. This book was released on 2003 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Africa's amnesty was a unique experiment. A path that lay 'between a Nuremberg option and total amnesia, ' the amnesty process was designed in the heat of a remarkable and complex transition to constitutional democracy

Amnesty, Human Rights and Political Transitions

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847314570
Total Pages : 632 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Amnesty, Human Rights and Political Transitions by : Louise Mallinder

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."

Justice in Transition - Prosecution and Amnesty in Germany and South Africa

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Publisher : BWV Verlag
ISBN 13 : 383051154X
Total Pages : 283 pages
Book Rating : 4.8/5 (35 download)

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Book Synopsis Justice in Transition - Prosecution and Amnesty in Germany and South Africa by : Gerhard Werle

Download or read book Justice in Transition - Prosecution and Amnesty in Germany and South Africa written by Gerhard Werle and published by BWV Verlag. This book was released on 2006-01-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The project on 'Criminal Justice and the East German Past' held an international symposium ... from 6 to 9 April 2005 at the Humboldt University in Berlin"--Page v.

The Right to Truth in International Human Rights Law

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Publisher : Editora Dialética
ISBN 13 : 6559567168
Total Pages : 336 pages
Book Rating : 4.5/5 (595 download)

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Book Synopsis The Right to Truth in International Human Rights Law by : Julia Kertesz

Download or read book The Right to Truth in International Human Rights Law written by Julia Kertesz and published by Editora Dialética. This book was released on 2021-05-27 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book addresses the right to truth in the field of international human rights law. The objective is to verify the outlines of this right that make it unique, and which justify its own (disputable) existence in the human rights scenario as a legally binding norm. Departing from a historical perspective of the emergence of this right in International Law, the intent is to analyze the multiple debates that have marked the development of the right to truth throughout the past decades. It is explored, therefore, how the a priori abstract notion of truth became a right and the strict relation this has with the social mobilizations of victims of gross violations of human rights. To accomplish this, the book spans across the struggle, in particular, of the relatives of disappeared victims during the 1970's and 1980's when the dictatorships reigned in Latin America. It follows on the expansion of the right to truth during what has been known as the fight against impunity, until it reaches the main human rights courts. To finalize, it discusses the inclusion of the right to truth in the International Convention on the Protection of All Persons from Enforced Disappearance and the measures more commonly used to realize such right. In the book, it is concluded that the right to truth carries a singularity that is crucial for the protection of victims of gross human rights violations.

Amnesty in the Age of Human Rights Accountability

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Publisher : Cambridge University Press
ISBN 13 : 1107025001
Total Pages : 457 pages
Book Rating : 4.1/5 (7 download)

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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.

Gross violations of human rights, impunity and amnesty laws

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Publisher :
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis Gross violations of human rights, impunity and amnesty laws by : Bernal E. Monge Guevara

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:

Amnesty, Serious Crimes and International Law

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Publisher : Routledge
ISBN 13 : 1351180215
Total Pages : 293 pages
Book Rating : 4.3/5 (511 download)

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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.

Amnesties, Accountability, and Human Rights

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Publisher : University of Pennsylvania Press
ISBN 13 : 0812209419
Total Pages : 313 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Amnesties, Accountability, and Human Rights by : Renée Jeffery

Download or read book Amnesties, Accountability, and Human Rights written by Renée Jeffery and published by University of Pennsylvania Press. This book was released on 2014-06-13 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the last thirty years, documented human rights violations have been met with an unprecedented rise in demands for accountability. This trend challenges the use of amnesties which typically foreclose opportunities for criminal prosecutions that some argue are crucial to transitional justice. Recent developments have seen amnesties circumvented, overturned, and resisted by lawyers, states, and judiciaries committed to ending impunity for human rights violations. Yet, despite this global movement, the use of amnesties since the 1970s has not declined. Amnesties, Accountability, and Human Rights examines why and how amnesties persist in the face of mounting pressure to prosecute the perpetrators of human rights violations. Drawing on more than 700 amnesties instituted between 1970 and 2005, Renée Jeffery maps out significant trends in the use of amnesty and offers a historical account of how both the use and the perception of amnesty has changed. As mechanisms to facilitate transitions to democracy, to reconcile divided societies, or to end violent conflicts, amnesties have been adapted to suit the competing demands of contemporary postconflict politics and international accountability norms. Through the history of one evolving political instrument, Amnesties, Accountability, and Human Rights sheds light on the changing thought, practice, and goals of human rights discourse generally.

Judicial Independence and Human Rights in Latin America

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Publisher : Springer
ISBN 13 : 0230117694
Total Pages : 310 pages
Book Rating : 4.2/5 (31 download)

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Book Synopsis Judicial Independence and Human Rights in Latin America by : E. Skaar

Download or read book Judicial Independence and Human Rights in Latin America written by E. Skaar and published by Springer. This book was released on 2011-02-14 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative analysis, focusing on Argentina, Chile, and Uruguay, explores the complex relationship between executive politics and judicial action, showing that judicial independence is a crucial factor in prosecution. It will engage Latin Americanists as well as all who are concerned with justice and human rights around the world.

Amnesty in International Law

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Publisher : Addison-Wesley Longman Limited
ISBN 13 : 9780582437937
Total Pages : 190 pages
Book Rating : 4.4/5 (379 download)

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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.

Amnesty for Crimes against Humanity under International Law

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Publisher : BRILL
ISBN 13 : 9047422309
Total Pages : 266 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Amnesty for Crimes against Humanity under International Law by : Faustin Ntoubandi

Download or read book Amnesty for Crimes against Humanity under International Law written by Faustin Ntoubandi and published by BRILL. This book was released on 2007-11-30 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of the recent scholarly writings and debates on amnesty have revolved around its lawfulness, when granted in respect of the most serious crimes under international law committed in the context of civil armed conflicts. The inconclusiveness of international law on this issue - with positive international law and opinio juris calling for criminal prosecution, and State's practice favouring practical political solutions - does nothing more than deepen the confusion already affecting the international legality of national amnesties. Building on emerging trends in State's practice, this book attempts to clarify the question of the legality of national amnesties for crimes against humanity by suggesting a compromised legal framework within which amnesty and accountability can both be accommodated.

Anti-Impunity and the Human Rights Agenda

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Publisher : Cambridge University Press
ISBN 13 : 110707987X
Total Pages : 401 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Anti-Impunity and the Human Rights Agenda by : Karen Engle

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.

The right to a remedy and to reparation for gross human rights violations : a practitioners' guide

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Publisher :
ISBN 13 : 9789290371069
Total Pages : 0 pages
Book Rating : 4.3/5 (71 download)

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Book Synopsis The right to a remedy and to reparation for gross human rights violations : a practitioners' guide by : Cordula Dröge

Download or read book The right to a remedy and to reparation for gross human rights violations : a practitioners' guide written by Cordula Dröge and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Seeking Human Rights Justice in Latin America

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Publisher : Cambridge University Press
ISBN 13 : 0521514363
Total Pages : 257 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis Seeking Human Rights Justice in Latin America by : Jeffrey Davis

Download or read book Seeking Human Rights Justice in Latin America written by Jeffrey Davis and published by Cambridge University Press. This book was released on 2014 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies how victims of human rights violations in Latin America, their families, and their advocates work to overcome entrenched impunity and seek legal justice. Their struggles show that legal justice is a multifaceted process, the overarching purpose of which is to restore human dignity and prevent further violence. Uncovering, revealing, and proving the truth are essential elements of legal justice, and are also powerful tools to activate the process. When faced with stubborn impunity at home, victims, families, and advocates can carry on their work for legal justice by bringing cases in courts in other countries or in the Inter-American human rights system. These extra-territorial courts can jumpstart the process of legal justice at home. Seeking Human Rights Justice in Latin America examines the political and legal struggle through the lens of the human story at the heart of these cases.

The Legal Legacy of the Special Court for Sierra Leone

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Publisher : Cambridge University Press
ISBN 13 : 1107178312
Total Pages : 423 pages
Book Rating : 4.1/5 (71 download)

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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.