Criminalizing Atrocity

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Criminalizing Atrocity

Author : Mark S. Berlin
Publisher : Oxford University Press
ISBN 13 : 0192590952
Total Pages : 240 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Criminalizing Atrocity by : Mark S. Berlin

Download or read book Criminalizing Atrocity written by Mark S. Berlin and published by Oxford University Press. This book was released on 2020-03-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do countries adopt criminal legislation making it possible to prosecute government and military officials for human rights violations? Over the past thirty years, dozens of countries have prosecuted their own or other states' officials for past atrocities. In Criminalizing Atrocity, Mark Berlin tells the story of the global spread of national criminal laws against atrocity crimes - genocide, war crimes, and crimes against humanity - laws that have helped pave the way for this remarkable trend toward greater accountability. He traces the early 20th-century origins of national atrocity laws to a group of influential European criminal law scholars and explains the global patterns by which these laws have since spread. Berlin shows that understanding why countries criminalize atrocities requires understanding how they do so. In many cases, criminalization has not been the result of concerted government initiative, but of inconspicuous choices made by technocratic legal experts who have been delegated authority to draft large-scale reforms to countries' national criminal codes. Drawing on research in comparative law and norm diffusion, Berlin explains how such reform projects prompt technocratic drafters to select legal ideas, like atrocity laws, that have been endorsed by their professional communities and deemed by drafters to be important features of a ''modern'' criminal code. To test this argument, Berlin draws on original quantitative and qualitative data, including in-depth case studies of Guatemala, Poland, Colombia, and the Maldives, and a new, comprehensive dataset tracking the global spread of atrocity laws since Word War II. The book's findings highlight the importance of professional communities in the modern renaissance of atrocity justice and the domestication of international legal norms.

Criminalizing Atrocity

Author : Mark S. Berlin
Publisher : Oxford University Press, USA
ISBN 13 : 0198850441
Total Pages : 267 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Criminalizing Atrocity by : Mark S. Berlin

Download or read book Criminalizing Atrocity written by Mark S. Berlin and published by Oxford University Press, USA. This book was released on 2020-02-27 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do countries adopt criminal legislation making it possible to prosecute government and military officials for human rights violations? Over the past thirty years, dozens of countries have prosecuted their own or other states' officials for past atrocities. In Criminalizing Atrocity, Mark Berlin tells the story of the global spread of national criminal laws against atrocity crimes - genocide, war crimes, and crimes against humanity - laws that have helped pave the way for this remarkable trend toward greater accountability. He traces the early 20th-century origins of national atrocity laws to a group of influential European criminal law scholars and explains the global patterns by which these laws have since spread. Berlin shows that understanding why countries criminalize atrocities requires understanding how they do so. In many cases, criminalization has not been the result of concerted government initiative, but of inconspicuous choices made by technocratic legal experts who have been delegated authority to draft large-scale reforms to countries' national criminal codes. Drawing on research in comparative law and norm diffusion, Berlin explains how such reform projects prompt technocratic drafters to select legal ideas, like atrocity laws, that have been endorsed by their professional communities and deemed by drafters to be important features of a ''modern'' criminal code. To test this argument, Berlin draws on original quantitative and qualitative data, including in-depth case studies of Guatemala, Poland, Colombia, and the Maldives, and a new, comprehensive dataset tracking the global spread of atrocity laws since Word War II. The book's findings highlight the importance of professional communities in the modern renaissance of atrocity justice and the domestication of international legal norms.

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.

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.

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.

Making Sense of Mass Atrocity

Author : Mark Osiel
Publisher : Cambridge University Press
ISBN 13 : 0521861853
Total Pages : 277 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Making Sense of Mass Atrocity by : Mark Osiel

Download or read book Making Sense of Mass Atrocity written by Mark Osiel and published by Cambridge University Press. This book was released on 2009-07-31 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book trenchantly diagnoses the law's limits in making sense of mass atrocity.

Mass Atrocity Crimes

Author : Robert I. Rotberg
Publisher : Brookings Institution Press
ISBN 13 : 0815704860
Total Pages : 265 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Mass Atrocity Crimes by : Robert I. Rotberg

Download or read book Mass Atrocity Crimes written by Robert I. Rotberg and published by Brookings Institution Press. This book was released on 2010-09-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can be done to combat genocide, ethnic cleansing, and other crimes against humanity? Why aren't current measures more effective? Is there hope for the future? These and other pressing questions surrounding human security are addressed head-on in this provocative and all-too-timely book. Millions of people, particularly in Africa, face daily the prospect of death at the hands of state or state-linked forces. Although officially both the United Nations and the African Union have adopted "Responsibility to Protect" (R2P) principles, atrocities continue. The tenets of R2P, recently cited in a UN Outcomes Document, make it clear that states have a primary responsibility to protect their citizens from genocide, war crimes, ethnic cleansing, and crimes against humanity. When states cannot—or will not—protect their citizens, however, the international community must step into the breach. Why have efforts to stop horrific state-sanctioned crimes seen only limited success, despite widespread support of R2P? As this enlightening volume explains and illustrates, converting a norm into effective preventive measures remains difficult. The contributors examine the legal framework to inhibit war crimes, use of the emerging R2P norm, the role of the International Criminal Court, and new technologically sophisticated methods to gather early warnings of likely atrocity outbreaks. Together they show how mass atrocities may be anticipated, how they may be prevented, and when necessary, how they may be prosecuted. Contributors include Claire Applegarth (Harvard Kennedy School), Andrew Block (Harvard Kennedy School), Frank Chalk (Montreal Institute for Genocide and Human Rights Studies, Concordia University), David M. Crane (Syracuse University College of Law), Richard J. Goldstone (Constitutional Court of South Africa; UN International Criminal Tribunals for the former Yugoslavia and Rwanda), Don Hubert (University of Ottawa; Global Center for the Responsibility to Protect, City University of New York), Sarah Kreps (Cornell University), Dan Kuwali (Malawi Defence Force), Jennifer Leaning (Harvard Francois Xavier Bagnoud Center for Health and Human Rights), Edward C. Luck (Columbia University; International Peace Institute), Sarah Sewall (Harvard Kennedy School)

War Crimes

Author : David Chuter
Publisher : Lynne Rienner Publishers
ISBN 13 : 9781588262097
Total Pages : 316 pages
Book Rating : 4.2/5 (62 download)

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Book Synopsis War Crimes by : David Chuter

Download or read book War Crimes written by David Chuter and published by Lynne Rienner Publishers. This book was released on 2003 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: A nuanced discussion of why war crimes occur, what can be done to bring the perpetrators to justice, and the prospects of preventing such atrocities in the future.

Atrocity Speech Law

Author : Gregory S. Gordon
Publisher : Oxford University Press
ISBN 13 : 019061269X
Total Pages : 224 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 2017-04-11 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law governing the relationship between speech and core international crimes a key component in atrocity prevention is broken. Incitement to genocide has not been adequately defined. The law on hate speech as persecution is split between the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Instigation is confused with incitement and ordering's scope is too circumscribed. At the same time, each of these modalities does not function properly in relation to the others, yielding a misshapen body of law riddled with gaps. Existing scholarship has suggested discrete fixes to individual parts, but no work has stepped back and considered holistic solutions. This book does. To understand how the law became so fragmented, it returns to its roots to explain how it was formulated. From there, it proposes a set of nostrums to deal with the individual deficiencies. Its analysis then culminates in a more comprehensive proposal: a Unified Liability Theory, which would systematically link the core crimes of genocide, crimes against humanity, and war crimes with the four illicit speech modalities. The latter would be placed in one statutory provision criminalizing the following types of speech: (1) incitement (speech seeking but not resulting in atrocity); (2) speech abetting (non-catalytic speech synchronous with atrocity commission); (3) instigation (speech seeking and resulting in atrocity); and (4) ordering (instigation/incitement within a superior-subordinate relationship). Apart from its fragmentation, this body of law lacks a proper name as Incitement Law or International Hate Speech Law, labels often used, fail to capture its breadth or relationship to mass violence. So this book proposes a new and fitting appellation: atrocity speech law.

The Oxford Handbook of Atrocity Crimes

Author : Barbora Holá
Publisher :
ISBN 13 : 9780190915636
Total Pages : pages
Book Rating : 4.9/5 (156 download)

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Book Synopsis The Oxford Handbook of Atrocity Crimes by : Barbora Holá

Download or read book The Oxford Handbook of Atrocity Crimes written by Barbora Holá and published by . This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Oxford Handbook on Atrocity Crimes consolidates and further develops the evolving field of atrocity studies by combining major mono-, inter-, and multi-disciplinary research on atrocity crimes in one volume encompassing contributions of leading scholars. Atrocity crimes-war crimes, crimes against humanity, and genocide-are manifestations of large scale and systematic criminality committed within specific political, ideological, and societal contexts. These crimes are committed by a multiplicity of actors against a large number of victims who suffer far-reaching consequences. Scholars studying mass atrocities are scattered not only across disciplines-such as international (criminal) law, international relations, criminology, political science, psychology, sociology, history, anthropology, or demography-but also across the topic-related fields, which are by definition multi- and interdisciplinary but are typically limited to a particular category or aspect of atrocity crimes. This Handbook brings together these strands of scholarship on (mass) atrocities and interrogates atrocity crimes as an overarching category of criminality, while simultaneously keeping an eye on differences among the individual constitutive categories. The Handbook covers topics related to the etiology and causes of atrocities, the actors involved, the harm and victims of atrocity crimes, the reactions to mass atrocities, and in-depth case studies of understudied situations of war crimes, crimes against humanity, and genocide"--

Breaking the Cycle of Mass Atrocities

Author : Marina Aksenova
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919457
Total Pages : 268 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Breaking the Cycle of Mass Atrocities by : Marina Aksenova

Download or read book Breaking the Cycle of Mass Atrocities written by Marina Aksenova and published by Bloomsbury Publishing. This book was released on 2019-05-02 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Breaking the Cycle of Mass Atrocities investigates the role of international criminal law at different stages of mass atrocities, shifting away from its narrow understanding solely as an instrument of punishment of those most responsible. The book is premised on the idea that there are distinct phases of collective violence, and international criminal law contributes in one way or another to each phase. The authors therefore explore various possibilities for international criminal law to be of assistance in breaking the vicious cycle at its different junctures.

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.

Mass Atrocity, Ordinary Evil, and Hannah Arendt

Author : Mark Osiel
Publisher : Yale University Press
ISBN 13 : 0300087535
Total Pages : 265 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Mass Atrocity, Ordinary Evil, and Hannah Arendt by : Mark Osiel

Download or read book Mass Atrocity, Ordinary Evil, and Hannah Arendt written by Mark Osiel and published by Yale University Press. This book was released on 2001-01-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is it possible that the soldiers of mass atrocities--Adolph Eichmann in Nazi Germany and Alfredo Astiz in Argentina's Dirty War, for example--act under conditions that prevent them from recognizing their crimes? In the aftermath of catastrophic, state-sponsored mass murder, how are criminal courts to respond to those who either gave or carried out the military orders that seem unequivocally criminal? This important book addresses Hannah Arendt's controversial argument that perpetrators of mass crimes are completely unaware of their wrongdoing, and therefore existing criminal laws do not adequately address these defendants. Mark Osiel applies Arendt's ideas about the kind of people who implement bureaucratized large-scale atrocities to Argentina's Dirty War of the 1970s, and he also delves into the social conditions that could elicit such reprehensible conduct. He focuses on Argentine navy captain Astiz, who led one of the most notorious abduction squads, to discover how he and other junior officers could justify the murders of more than ten thousand suspected "subversives." Osiel concludes that legal stipulations labeling certain deeds as manifestly illegal are indefensible. He calls for a significant change in the laws of war to preserve both justice and the possibility of dialogue between factions in such sharply divided societies as Argentina. Osiel's proposals have profound implications for future prosecutions of Pinochet's lieutenants, Milosevic's henchmen, the willing executioners of Rwanda and East Timor, and other perpetrators of state-endorsed murder and torture.

Crime and Human Rights

Author : Joachim Savelsberg
Publisher : SAGE
ISBN 13 : 1446248321
Total Pages : 146 pages
Book Rating : 4.4/5 (462 download)

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Book Synopsis Crime and Human Rights by : Joachim Savelsberg

Download or read book Crime and Human Rights written by Joachim Savelsberg and published by SAGE. This book was released on 2010-04-19 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crimes against humanity are amongst the most shocking violations imaginable. Savelsberg′s text provides a much-needed criminological insight to the topic, exploring explanations of and responses to human rights abuses. Linking human rights scholarship with criminological theory, the book is divided into three parts: Part 1: Examines the legal and historical approach to the topic within a criminological framework Part 2: Unpicks the aetiology of human rights offending with real and detailed case studies Part 3: Explores institutional responses to crimes and uses criminological theory to offer solutions. Seminal yet concise, Crime and Human Rights is written for advanced students, postgraduates and scholars of crime, crime control and human rights. With its fresh and original approach to a complex topic, the book′s appeal will span across disciplines from politics and sociology to development studies, law, and philosophy. Compact Criminology is an exciting series that invigorates and challenges the international field of criminology. Books in the series are short, authoritative, innovative assessments of emerging issues in criminology and criminal justice – offering critical, accessible introductions to important topics. They take a global rather than a narrowly national approach. Eminently readable and first-rate in quality, each book is written by a leading specialist. Compact Criminology provides a new type of tool for teaching, learning and research, one that is flexible and light on its feet. The series addresses fundamental needs in the growing and increasingly differentiated field of criminology.

The Oxford Handbook of Atrocity Crimes

Author : Barbora Holá
Publisher :
ISBN 13 : 9780197626887
Total Pages : 985 pages
Book Rating : 4.6/5 (268 download)

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Book Synopsis The Oxford Handbook of Atrocity Crimes by : Barbora Holá

Download or read book The Oxford Handbook of Atrocity Crimes written by Barbora Holá and published by . This book was released on 2022 with total page 985 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook on Atrocity Crimes surveys and further develops the evolving field of atrocity crime studies through interdisciplinary research on war crimes, crimes against humanity, and genocide in one comprehensive volume encompassing contributions of leading scholars.

Unconscionable Crimes

Author : Paul C. Morrow
Publisher : MIT Press
ISBN 13 : 0262044625
Total Pages : 291 pages
Book Rating : 4.2/5 (62 download)

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Book Synopsis Unconscionable Crimes by : Paul C. Morrow

Download or read book Unconscionable Crimes written by Paul C. Morrow and published by MIT Press. This book was released on 2020-09-22 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first general theory of the influence of norms—moral, legal and social—on genocide and mass atrocity. How can we explain—and prevent—such large-scale atrocities as the Holocaust? In Unconscionable Crimes, Paul Morrow presents the first general theory of the influence of norms on genocide and mass atrocity. After offering a clear overview of norms and norm transformation, rooted in recent work in moral and political philosophy, Morrow examines numerous twentieth-century cases of mass atrocity, drawing on documentary and testimonial sources to illustrate the influence of norms before, during, and after such crimes. Morrow considers such key explanatory pathways as the erosion of moral norms through brutalization and demoralization, the exploitation of legal norms to legitimize persecution and deny violence, and the enduring influence of gender-based social norms on targets and perpetrators of atrocities. Key constraints on atrocities would include the revision of moral norms that have traditionally guided the conduct of soldiers and humanitarian aid workers, the strengthening of legal prohibitions on large-scale crimes through statutory and institutional reform, and the elimination of social norms prescribing silence about personal experience of atrocities. Throughout, Morrow emphasizes the differences among moral, legal, and social norms, which stand in different relations to real or perceived social practices, and exhibit different patterns of creation, modification, and elimination. Ultimately, he argues, norms of each kind are integral to the explanation and the prevention of mass atrocities.

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.