Defining the Purposes, Mandates and Outcomes of Fact-Finding Commissions Beyond International Criminal Justice

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Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480073
Total Pages : 4 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis Defining the Purposes, Mandates and Outcomes of Fact-Finding Commissions Beyond International Criminal Justice by : Marina Aksenova

Download or read book Defining the Purposes, Mandates and Outcomes of Fact-Finding Commissions Beyond International Criminal Justice written by Marina Aksenova and published by Torkel Opsahl Academic EPublisher. This book was released on 2015-05-29 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Companion to International Humanitarian Law

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Publisher : BRILL
ISBN 13 : 900434201X
Total Pages : 759 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Companion to International Humanitarian Law by : Dražan Djukić

Download or read book The Companion to International Humanitarian Law written by Dražan Djukić and published by BRILL. This book was released on 2018-09-17 with total page 759 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Companion to International Humanitarian Law offers a much-needed tool for both scholars and practitioners, supplying information accessible enough to enable a variety of users to quickly familiarise themselves with it and sufficiently comprehensive to be a source for reflection and further research for more demanding users. Its aim is to facilitate the practical application of IHL, and be of use to a wide audience interested in or confronted with IHL, ranging from professionals in humanitarian assistance and protection in the field, legal officers and advisers at the national and international level, trainers, academics, scholars, and students.

Commissions of Inquiry

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782258795
Total Pages : 392 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Commissions of Inquiry by : Christian Henderson

Download or read book Commissions of Inquiry written by Christian Henderson and published by Bloomsbury Publishing. This book was released on 2017-05-18 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely and pertinent collection looks at the variety of questions involved in the operation of Commissions of Inquiry (CoIs). Traditionally existing as pure fact-finding bodies, in recent times the function of CoIs has arguably shifted and broadened so as to provide a form of legal adjudication. This shift in their application merits scrutiny and this edited collection of essays addresses institutional and procedural aspects of CoIs, as well as issues in regards to the application and interpretation of the substantative law applied to them. Essay topics include the relationship of CoIs with, and impact upon, traditional forms of adjudication, the influences of international law upon the work of CoIs, through to issues of procedural fairness. Drawing upon the expertise of scholars working within in the field, it offers an insightful and critical analysis of CoIs.

The Concept of Race in International Criminal Law

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Publisher : Routledge
ISBN 13 : 0429812930
Total Pages : 319 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis The Concept of Race in International Criminal Law by : Carola Lingaas

Download or read book The Concept of Race in International Criminal Law written by Carola Lingaas and published by Routledge. This book was released on 2019-09-19 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Members of racial groups are protected under international law against genocide, persecution, and apartheid. But what is race – and why was this contentious term not discussed when drafting the Statute of the International Criminal Court? Although the law uses this term, is it legitimate to talk about race today, let alone convict anyone for committing a crime against a racial group? This book is the first comprehensive study of the concept of race in international criminal law. It explores the theoretical underpinnings for the crimes of genocide, apartheid, and persecution, and analyses all the relevant legal instruments, case law, and scholarship. It exposes how the international criminal tribunals have largely circumvented the topic of race, and how incoherent jurisprudence has resulted in inconsistent protection. The book provides important new interpretations of a problematic concept by subjecting it to a multifaceted and interdisciplinary analysis. The study argues that race in international criminal law should be constructed according to the perpetrator's perception of the victims’ ostensible racial otherness. The perpetrator’s imagination as manifested through his behaviour defines the victims’ racial group membership. It will be of interest to students and practitioners of international criminal law, as well as those studying genocide, apartheid, and race in domestic and international law.

Post-Communist Transitional Justice

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Publisher : Cambridge University Press
ISBN 13 : 1107065569
Total Pages : 357 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Post-Communist Transitional Justice by : Lavinia Stan

Download or read book Post-Communist Transitional Justice written by Lavinia Stan and published by Cambridge University Press. This book was released on 2015-02-26 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the former communist regimes of Central and Eastern Europe have grappled with the serious human rights violations of past regimes.

Transitional Justice in Rwanda

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Publisher : Routledge
ISBN 13 : 1135118531
Total Pages : 434 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Transitional Justice in Rwanda by : Gerald Gahima

Download or read book Transitional Justice in Rwanda written by Gerald Gahima and published by Routledge. This book was released on 2013-02-15 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.

Quality Control in Fact-Finding

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Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081783
Total Pages : 500 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis Quality Control in Fact-Finding by : Morten Bergsmo

Download or read book Quality Control in Fact-Finding written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2013-11-16 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses how fact-finding mechanisms for alleged violations of international human rights, humanitarian and criminal law can be improved. There has been a significant increase in the use of international, internationalised and domestic fact-finding mechanisms since 1992, including by the United Nations human rights system, international commissions of inquiry, truth and reconciliation commissions, and NGOs. They are analysed and assessed in detail by 19 authors under the common theme 'Quality Control in Fact-Finding'. The authors include Richard J. Goldstone, Martin Scheinin, LIU Daqun, Charles Garraway, David Re, Simon De Smet, FAN Yuwen, Isabelle Lassée, WU Xiaodan, Dan Saxon, Chris Mahony, Dov Jacobs, Catherine Harwood, Lyal S. Sunga, Wolfgang Kaleck, Carolijn Terwindt, Ilia Utmelidze and Marina Aksenova. Serge Brammertz has written the Preface, and LING Yan a Foreword. The book emphasises quality awareness and improvement in non-criminal justice fact-work. This quality control approach recognises, inter alia, the importance of leadership in fact-finding mechanisms, the responsibility of individual fact-finders to continuously professionalise, and the need for fact-finders to be mandate-centred. It is an approach that invites the consideration of how the quality of every functional aspect of fact-finding can be improved, including work processes to identify, locate, obtain, verify, analyse, corroborate, summarise, synthesise, structure, organise, present, and disseminate facts. The book also considers regulatory approaches to enhance quality and professionalisation.

United States Attorneys' Manual

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (191 download)

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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The 1949 Geneva Conventions

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Publisher : Oxford University Press
ISBN 13 : 0191003522
Total Pages : 1400 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The 1949 Geneva Conventions by : Andrew Clapham

Download or read book The 1949 Geneva Conventions written by Andrew Clapham and published by Oxford University Press. This book was released on 2015-10-15 with total page 1400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The four Geneva Conventions, adopted in 1949, remain the fundamental basis of contemporary international humanitarian law. They protect the wounded and sick on the battlefield, those wounded, sick or shipwrecked at sea, prisoners of war, and civilians in time of war. However, since they were adopted warfare has changed considerably. In this groundbreaking commentary over sixty international law experts investigate the application of the Geneva Conventions and explain how they should be interpreted today. It places the Conventions in the light of the developing obligations imposed by international law on states, armed groups, and individuals, most notably through international human rights law and international criminal law. The context in which the Conventions are to be applied and interpreted has changed considerably since they were first written. The borderline between international and non-international armed conflicts is not as clear-cut as was once thought, and is complicated further by the use of armed force mandated by the United Nations and the complex mixed and transnational nature of certain non-international armed conflicts. The influence of other developing branches of international law, such as human rights law and refugee law has been considerable. The development of international criminal law has breathed new life into multiple provisions of the Geneva Conventions. This commentary adopts a thematic approach to provide detailed analysis of each key issue dealt with by the Conventions, taking into account both judicial decisions and state practice. Cross-cutting chapters on issues such as transnational conflicts and the geographical scope of the Conventions also give readers a full understanding of the meaning of the Geneva Conventions in their contemporary context. Prepared under the auspices of the Geneva Academy of International Humanitarian Law and Human Rights, this commentary on four of the most important treaties in international law is unmissable for anyone working in or studying situations of armed conflicts.

International Criminal Justice

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781005605
Total Pages : 335 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis International Criminal Justice by : Gideon Boas

Download or read book International Criminal Justice written by Gideon Boas and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.

The United Nations Principles to Combat Impunity: A Commentary

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Publisher : Oxford University Press
ISBN 13 : 0191061298
Total Pages : 360 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The United Nations Principles to Combat Impunity: A Commentary by : Frank Haldemann

Download or read book The United Nations Principles to Combat Impunity: A Commentary written by Frank Haldemann and published by Oxford University Press. This book was released on 2018-03-21 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fight against impunity has become a growing concern of the international community. Updated in 2005, the UN Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity is the fruit of several years of study, developed under the aegis of the UN Commission on Human Rights and then affirmed by the Human Rights Council. These Principles are today widely accepted as constituting an authoritative reference point for efforts in the fight against impunity for gross human rights abuses and serious violations of international humanitarian law. As a comprehensive attempt to codify universal accountability norms, the UN Set of Principles marks a significant step forward in the debate on the obligation of states to combat impunity in its various forms. Bringing together leading experts in the field, this volume provides comprehensive academic commentary of the 38 principles. The book is a perfect companion to the document, setting out the text of the Principles alongside detailed analysis, as well as a full introduction and a guide to the relevant literature and case law. The commentary advances debates and clarifies complex legal issues, making it an essential resource for legal academics, students, and practitioners working in fields such as human rights, international criminal law, and transitional justice.

Listening to the Silences

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004143653
Total Pages : 296 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Listening to the Silences by : Helen Durham

Download or read book Listening to the Silences written by Helen Durham and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates that women are taking on increasingly less traditional roles during war, and that these roles are multifaceted, complicated and sometimes contradictory. Reveals that women's requirements during times of war will continue to be inadequate so long as we continue silencing the differing perspectives. Australian editors.

People’s Tribunals, Human Rights and the Law

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Publisher : Routledge
ISBN 13 : 0429534876
Total Pages : 243 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis People’s Tribunals, Human Rights and the Law by : Regina Menachery Paulose

Download or read book People’s Tribunals, Human Rights and the Law written by Regina Menachery Paulose and published by Routledge. This book was released on 2019-11-27 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: People’s Tribunals are independent, peaceful, grassroots movements, created by members of civil society, to address impunity that is associated with ongoing or past atrocities. As such, they offer society an alternative history and create a space for healing and reconciliation to take place that may otherwise be stifled by political agendas and legal technicalities. Since the 1960’s, People’s Tribunals have grown and developed to address many kinds of situations, from genocide to environmental degradation. This book presents a balance of academic and practitioner perspectives on People’s Tribunals. It explores key questions relating to their formation and roles and discusses what they can offer to victims and survivors. The volume provides an introduction to the subject, theoretically informed discussion reflecting different perspectives, and a range of contributions focusing on different types of People’s Tribunals and various aspects of their operation. The authors analyse advantages and disadvantages of these movements in a variety of contexts. The impact and contribution they have in the international criminal law and international human rights context is also discussed. The book will be welcomed by those interested in international criminal law, human rights, environmental justice, transitional justice and international relations.

The Transformation of Human Rights Fact-Finding

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Publisher : Oxford University Press
ISBN 13 : 0190239514
Total Pages : 448 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Transformation of Human Rights Fact-Finding by : Philip Alston

Download or read book The Transformation of Human Rights Fact-Finding written by Philip Alston and published by Oxford University Press. This book was released on 2015-11-23 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.

The Oxford Companion to International Criminal Justice

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Publisher : OUP Oxford
ISBN 13 : 0191021490
Total Pages : 1096 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Companion to International Criminal Justice by :

Download or read book The Oxford Companion to International Criminal Justice written by and published by OUP Oxford. This book was released on 2009-01-22 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.

HPCR Practitioner's Handbook on Monitoring, Reporting, and Fact-Finding

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107164478
Total Pages : 343 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis HPCR Practitioner's Handbook on Monitoring, Reporting, and Fact-Finding by : Rob Grace

Download or read book HPCR Practitioner's Handbook on Monitoring, Reporting, and Fact-Finding written by Rob Grace and published by Cambridge University Press. This book was released on 2017-10-12 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a portrait of the practice of monitoring, reporting, and fact-finding in the domain of human rights, international humanitarian law, and international criminal law. By analyzing the experiences of fifteen missions implemented over the course of the past decade, the book illuminates the key issues that these missions face and offers a roadmap for practitioners working on future missions. This book is the result of a five-year research study led by the Program on Humanitarian Policy and Conflict Research at Harvard University, Massachusetts. Based on extensive interviews conducted with fact-finding practitioners, this book consists of two parts. Part I offers a handbook that details methodological considerations for the design and implementation of fact-finding missions and commissions of inquiry. Part II - which consists of chapters written by scholars and practitioners - presents a more in-depth, scholarly examination of past fact-finding practices.