Atrocity Punishment And International Law

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Atrocity, Punishment, and International Law

Author : Mark A. Drumbl
Publisher : Cambridge University Press
ISBN 13 : 1139464566
Total Pages : 211 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Atrocity, Punishment, and International Law by : Mark A. Drumbl

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.

Invisible Atrocities

Author : Randle C. DeFalco
Publisher : Cambridge University Press
ISBN 13 : 1108487416
Total Pages : 313 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Invisible Atrocities by : Randle C. DeFalco

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.

Punishing Atrocities Through a Fair Trial

Author : Jonathan Hafetz
Publisher :
ISBN 13 : 1107094550
Total Pages : 203 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Punishing Atrocities Through a Fair Trial by : Jonathan Hafetz

Download or read book Punishing Atrocities Through a Fair Trial written by Jonathan Hafetz and published by . This book was released on 2018-04-19 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishing Atrocities through a Fair Trial examines the tension between punishing mass atrocity and ensuring a fair trial for defendants.

Moral Accountability and International Criminal Law

Author : Kirsten Fisher
Publisher : Routledge
ISBN 13 : 1136633332
Total Pages : 222 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis Moral Accountability and International Criminal Law by : Kirsten Fisher

Download or read book Moral Accountability and International Criminal Law written by Kirsten Fisher and published by Routledge. This book was released on 2013-03 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the past couple of decades an autonomous international system of law has aggressively developed to deal with individual criminal responsibility for the most heinous of crimes. However, the development and application of the international criminal system is mired in criticism and concern. While international criminal law is playing an increasingly important role in global politics and issues of global security, normative theory has not kept pace with the advancements in this area of law. This book examines international criminal law (ICL) from a normative perspective, setting out how individuals ought to be held accountable to the world for their contribution to atrocity. In addition to addressing the normative basis for ICL, the book provides criteria for determining the kinds of actions that should be addressed through international criminal law. It asks, and answers, how individual responsibility can be determined in the context of collectively perpetrated political crimes and whether an international criminal justice system can claim universality in a culturally plural world. The book scrutinizes the function of ICL and finally considers how the goals and purpose of international law can be best institutionally supported"--

Reimagining Child Soldiers in International Law and Policy

Author : Mark A. Drumbl
Publisher : Oxford University Press
ISBN 13 : 0199592659
Total Pages : 254 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Reimagining Child Soldiers in International Law and Policy by : Mark A. Drumbl

Download or read book Reimagining Child Soldiers in International Law and Policy written by Mark A. Drumbl and published by Oxford University Press. This book was released on 2012-01-26 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Child soldiers are generally perceived as faultless, passive victims. This ignores that the roles of child soldiers vary, from innocent abductee to wilful perpetrator. This book argues that child soldiers should be judged on their actions and that treating them like a homogenous group prevents them from taking responsibility for their acts.

Atrocity Speech Law

Author : Gregory S. Gordon
Publisher : Oxford University Press
ISBN 13 : 0190612681
Total Pages : 465 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Atrocity Speech Law by : Gregory S. Gordon

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.

Why Punish Perpetrators of Mass Atrocities?

Author : Florian Jeßberger
Publisher : Cambridge University Press
ISBN 13 : 1108475140
Total Pages : 411 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Why Punish Perpetrators of Mass Atrocities? by : Florian Jeßberger

Download or read book Why Punish Perpetrators of Mass Atrocities? written by Florian Jeßberger and published by Cambridge University Press. This book was released on 2020-02-20 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the purpose of international punishment and how different theories of punishment influence the practice of the International Criminal Court.

The Oxford Handbook of International Criminal Law

Author : Darryl Robinson
Publisher : Oxford University Press
ISBN 13 : 0192558889
Total Pages : 896 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of International Criminal Law by : Darryl Robinson

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.

Transitional Justice and a State’s Response to Mass Atrocity

Author : Jacopo Roberti di Sarsina
Publisher : Springer
ISBN 13 : 9462652767
Total Pages : 283 pages
Book Rating : 4.4/5 (626 download)

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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.

Humanitarianism: Keywords

Author :
Publisher : BRILL
ISBN 13 : 9004431144
Total Pages : 262 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Humanitarianism: Keywords by :

Download or read book Humanitarianism: Keywords written by and published by BRILL. This book was released on 2020-09-07 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humanitarianism: Keywords is a comprehensive dictionary designed as a compass for navigating the conceptual universe of humanitarianism. It is an intuitive toolkit to map contemporary humanitarianism and to explore its current and future articulations. The dictionary serves a broad readership of practitioners, students, and researchers by providing informed access to the extensive humanitarian vocabulary.

Crimes and Punishments

Author : James Anson Farrer
Publisher :
ISBN 13 :
Total Pages : 306 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Crimes and Punishments by : James Anson Farrer

Download or read book Crimes and Punishments written by James Anson Farrer and published by . This book was released on 1880 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Genocide in International Law

Author : William Schabas
Publisher : Cambridge University Press
ISBN 13 : 0521883970
Total Pages : 760 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Genocide in International Law by : William Schabas

Download or read book Genocide in International Law written by William Schabas and published by Cambridge University Press. This book was released on 2009-02-19 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 2000.

The Cambridge Companion to International Criminal Law

Author : William Schabas
Publisher : Cambridge University Press
ISBN 13 : 1107052335
Total Pages : 421 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Cambridge Companion to International Criminal Law by : William Schabas

Download or read book The Cambridge Companion to International Criminal Law written by William Schabas and published by Cambridge University Press. This book was released on 2016-01-07 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative introduction to international criminal law written by renowned international lawyers, judges, prosecutors, criminologists and historians.

Accountability for Human Rights Atrocities in International Law

Author : Steven R. Ratner
Publisher : Oxford University Press
ISBN 13 : 0199546665
Total Pages : 534 pages
Book Rating : 4.1/5 (995 download)

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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 Oxford University Press. This book was released on 2009 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. It analyses the principal crimes, such as genocide and crimes against humanity, and appraises the mechanisms developed to bring individuals to justice.

Crime and Global Justice

Author : Daniele Archibugi
Publisher : John Wiley & Sons
ISBN 13 : 1509512659
Total Pages : 288 pages
Book Rating : 4.5/5 (95 download)

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Book Synopsis Crime and Global Justice by : Daniele Archibugi

Download or read book Crime and Global Justice written by Daniele Archibugi and published by John Wiley & Sons. This book was released on 2018-03-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last quarter of a century a new system of global criminal justice has emerged. But how successful has it been? Are we witnessing a new era of cosmopolitan justice or are the old principles of victors’ justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice, focusing on the trials of some of the world’s most notorious war criminals, including Augusto Pinochet, Slobodan Milošević, Radovan Karad ić, Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system’s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?

A Theory of Punishable Participation in Universal Crimes

Author : Terje Einarsen
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283481282
Total Pages : 744 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis A Theory of Punishable Participation in Universal Crimes by : Terje Einarsen

Download or read book A Theory of Punishable Participation in Universal Crimes written by Terje Einarsen and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-12-07 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.

The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order

Author : Catherine Harwood
Publisher : BRILL
ISBN 13 : 9004411240
Total Pages : 413 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order by : Catherine Harwood

Download or read book The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order written by Catherine Harwood and published by BRILL. This book was released on 2020-01-13 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order, Catherine Harwood explores how United Nations inquiries navigate considerations of principle and pragmatism to discern their identity in the international legal order.