Guarantees of Non-Repetition in International Human Rights Law and Transitional Justice

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Author :
Publisher :
ISBN 13 : 9781032602127
Total Pages : 0 pages
Book Rating : 4.6/5 (21 download)

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Book Synopsis Guarantees of Non-Repetition in International Human Rights Law and Transitional Justice by : Nita Shala

Download or read book Guarantees of Non-Repetition in International Human Rights Law and Transitional Justice written by Nita Shala and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book examines the understudied, yet increasingly applied, concept of Guarantees of Non-Repetition under international human rights law and transitional justice. Guarantees of Non-Repetition (GNRs) are measures taken to ensure that human rights abuses do not recur. They are especially crucial in post-war contexts marked by severe and systematic violations. However, although they are increasingly invoked, GNRs are not well understood, and they have so far received only limited theoretical and practical analysis. Tracing their development to the influence of international human rights law, this book considers what GNRs are, how and why they have come about, and how GNRs are implemented. Through an explication of the history, law and jurisprudence of GNR's - in regional mechanisms in Latin America, Europe, and Asia, as well as in international bodies - the book maintains the increasing importance, and as yet unfulfilled potential, of this legal obligation in transitional justice settings. This first book to analyse the development of GNRs and their application will appeal to scholars in the areas of law and transitional justice, public povlicy, and socio-legal studies, as well as lawyers and policy-makers working in post-conflict situations"--

From Transitional to Transformative Justice

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Publisher : Cambridge University Press
ISBN 13 : 1108668577
Total Pages : 345 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis From Transitional to Transformative Justice by : Paul Gready

Download or read book From Transitional to Transformative Justice written by Paul Gready and published by Cambridge University Press. This book was released on 2019-02-21 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.

Transitional Justice and Economic, Social and Cultural Rights

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Author :
Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Transitional Justice and Economic, Social and Cultural Rights by : United Nations. Office of the High Commissioner for Human Rights

Download or read book Transitional Justice and Economic, Social and Cultural Rights written by United Nations. Office of the High Commissioner for Human Rights and published by . This book was released on 2014 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: The failure to fulfil economic, social and cultural rights and the outright violation of these rights are often at the root of conflict. Furthermore, the actions and omissions by States and non-State actors during conflict can also amount to violations of economic, social and cultural rights, and particularly affect the most vulnerable. Yet, there has been no widespread move in transitional justice processes to examine the root causes of the conflict or to look into violations of economic, social and cultural rights. The Office of the United Nations High Commissioner for Human Rights has explored in greater depth the ways in which transitional justice processes have addressed or could address violations of economic, social and cultural rights. This publication presents the outcome of that work.

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

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Author :
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:

Transitional Justice and Reconciliation

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Author :
Publisher : Routledge
ISBN 13 : 1317529561
Total Pages : 272 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Transitional Justice and Reconciliation by : Martina Fischer

Download or read book Transitional Justice and Reconciliation written by Martina Fischer and published by Routledge. This book was released on 2015-11-06 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.

The Right to The Truth in International Law

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Publisher : Routledge
ISBN 13 : 1317335082
Total Pages : 287 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis The Right to The Truth in International Law by : Melanie Klinkner

Download or read book The Right to The Truth in International Law written by Melanie Klinkner and published by Routledge. This book was released on 2019-07-26 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.

Transitional Justice and a State’s Response to Mass Atrocity

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Author :
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.

Human Rights and Transitional Justice in Chile

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Author :
Publisher : Springer Nature
ISBN 13 : 3030811824
Total Pages : 222 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Human Rights and Transitional Justice in Chile by : Hugo Rojas

Download or read book Human Rights and Transitional Justice in Chile written by Hugo Rojas and published by Springer Nature. This book was released on 2021-10-25 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a synthesis of the main achievements and pending challenges during the thirty years of transitional justice in Chile after Augusto Pinochet’s dictatorship. The Chilean experience provides useful comparative perspectives for researchers, students and human rights activists engaged in transitional justice processes around the world. The first chapter explains the theoretical foundations of human rights and transitional justice. The second chapter discusses the main historical milestones in Chile’s recent history which have defined the course of the process of transitional justice. The following chapters provide an overview of the key elements of transitional justice in Chile: truth, reparations, memory, justice, and guarantees of non-repetition.

Guarantees of Non-Repetition in International Human Rights Law and Transitional Justice

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Author :
Publisher : Taylor & Francis
ISBN 13 : 104003005X
Total Pages : 165 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Guarantees of Non-Repetition in International Human Rights Law and Transitional Justice by : Nita Shala

Download or read book Guarantees of Non-Repetition in International Human Rights Law and Transitional Justice written by Nita Shala and published by Taylor & Francis. This book was released on 2024-06-07 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the understudied, yet increasingly applied, concept of Guarantees of Non-Repetition under international human rights law and transitional justice. Guarantees of Non-Repetition (GNRs) are measures taken to ensure that human rights abuses do not recur. They are especially crucial in post-war contexts marked by severe and systematic violations. However, although they are increasingly invoked, GNRs are not well understood, and they have so far received only limited theoretical and practical analysis. Tracing their development to the influence of international human rights law, this book considers what GNRs are, how and why they have come about, and how GNRs are implemented. Through an explication of the history, law and jurisprudence of GNR’s – in regional mechanisms in Latin America, Europe, and Asia, as well as in international bodies – the book maintains the increasing importance, and as yet unfulfilled potential, of this legal obligation in transitional justice settings. This first book to analyse the development of GNRs and their application will appeal to scholars in the areas of law and transitional justice, public policy, and socio-legal studies, as well as lawyers and policy-makers working in post-conflict situations.

The Impact of Human Rights Prosecutions

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Author :
Publisher : Leuven University Press
ISBN 13 : 9462702497
Total Pages : 247 pages
Book Rating : 4.4/5 (627 download)

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Book Synopsis The Impact of Human Rights Prosecutions by : Ulrike Capdepón

Download or read book The Impact of Human Rights Prosecutions written by Ulrike Capdepón and published by Leuven University Press. This book was released on 2020-11-16 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: New perspectives on human rights prosecutions in various regional contexts Human rights prosecutions are the most prominent mechanisms that victims demand to obtain accountability. Dealing with a legacy of gross human rights violations presents opportunities to enhance the right to justice and promote a more equal application of criminal law, a fundamental condition for a more substantive democracy in societies. This book seeks to analyse the impact, advances, and difficulties of prosecuting perpetrators of mass atrocities at national and international levels. What role does criminal justice play in redressing victims’ wrongs, guaranteeing the non-repetition of mass atrocities, and attempting to overcome the damage caused by systematic human rights violations? This volume addresses critical issues in the field of human rights prosecution by drawing on the experiences of a variety of post-conflict and authoritarian countries covering three world regions. Contributing authors cover prosecutions in post-Nazi Germany, post-Communist Romania, and transnational legal complaints by victims of the Franco dictatorship, as well as domestic and third-country prosecutions for human rights violations in the pioneering South American countries of Argentina, Chile, Peru, and Uruguay, prosecutions in Darfur and Kenya, and the work of the International Criminal Court. The Impact of Human Rights Prosecutions offers insights into the difficulties human rights trials face in different contexts and regions, and also illustrates the development of these legal procedures over time. The volume will be of interest to human rights scholars as well as legal practitioners, participants, justice system actors, and policy makers.

Remedies in International Human Rights Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0199588821
Total Pages : 513 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Remedies in International Human Rights Law by : Dinah Shelton

Download or read book Remedies in International Human Rights Law written by Dinah Shelton and published by Oxford University Press, USA. This book was released on 2015 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dinah Shelton provides a comprehensive treatment of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. The text provides a theoretical framework and a practical guide for lawyers, judges, and academics interested in human rights law.

Reparations by Non-state Armed Groups Under International Law

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Publisher :
ISBN 13 : 9781003401292
Total Pages : 0 pages
Book Rating : 4.4/5 (12 download)

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Book Synopsis Reparations by Non-state Armed Groups Under International Law by : Olivia Herman

Download or read book Reparations by Non-state Armed Groups Under International Law written by Olivia Herman and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book examines whether and how non-state armed groups might be required to provide reparations for the harm caused by their violations of international law committed during situations of non-international armed conflict. Most of today's armed conflicts are waged between non-state armed groups and states. Societies ravaged by these conflicts endure extensive harm resulting from violations of international humanitarian law and international human rights law. This reality prompts a series of pressing questions. Akin to states, should non-state armed groups be held responsible for making reparation when violating international law? And if so, what measures can these groups take to repair the harm they have caused? The book begins by clarifying if there exists, in contemporary international law, a duty for armed groups to provide reparation. It considers whether non-state armed groups have primary international obligations as distinct duty bearers, and whether reparation can be one of the legal consequences when violating these obligations. Subsequently, the book sheds new light on how non-state armed groups' duty of reparation can be operationalised in international law. This involves elucidating both the conceptualisation and practical application of this duty. Combining this legal analysis with practical perspectives, the book unveils important insights for international law, drawn from an in-depth analysis of Colombia's experiences with reparations by armed groups in the context of transitional justice. This book will be of interest to scholars and practitioners working in the fields of international law related to armed conflict, accountability and redress, and transitional justice more broadly"--

As War Ends

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Publisher : Cambridge University Press
ISBN 13 : 1108585671
Total Pages : 447 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis As War Ends by : James Meernik

Download or read book As War Ends written by James Meernik and published by Cambridge University Press. This book was released on 2019-07-25 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades a bitter civil war between the Colombia government and armed insurgent groups tore apart Colombian society. After protracted negotiations in Havana, a peace agreement was accepted by the Colombian government and the FARC rebel group in 2016. This volume will provide academics and practitioners throughout the world with critical analyses regarding what we know generally about the post-war peace building process and how this can be applied to the specifics of the Colombian case to assist in the design and implementation of post-war peace building programs and policies. This unique group of Colombian and international scholars comment on critical aspects of the peace process in Colombia, transitional justice mechanisms, the role of state and non-state actors at the national and local levels, and examine what the Colombian case reveals about traditional theories and approaches to peace and transitional justice.

International Law and Transition to Peace in Colombia

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Author :
Publisher : BRILL
ISBN 13 : 9004440534
Total Pages : 205 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis International Law and Transition to Peace in Colombia by : César Rojas-Orozco

Download or read book International Law and Transition to Peace in Colombia written by César Rojas-Orozco and published by BRILL. This book was released on 2021-07-05 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.

The Right to Reparation in International Law for Victims of Armed Conflict

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107019974
Total Pages : 299 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Right to Reparation in International Law for Victims of Armed Conflict by : E. Christine Evans

Download or read book The Right to Reparation in International Law for Victims of Armed Conflict written by E. Christine Evans and published by Cambridge University Press. This book was released on 2012-06-28 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.

The Right to Reparation in International Law for Victims of Armed Conflict

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139510800
Total Pages : 299 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis The Right to Reparation in International Law for Victims of Armed Conflict by : Christine Evans

Download or read book The Right to Reparation in International Law for Victims of Armed Conflict written by Christine Evans and published by Cambridge University Press. This book was released on 2012-06-28 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States.

The Chicago Principles on Post-conflict Justice

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Author :
Publisher :
ISBN 13 : 9781889001159
Total Pages : 95 pages
Book Rating : 4.0/5 (11 download)

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Book Synopsis The Chicago Principles on Post-conflict Justice by : M. Cherif Bassiouni

Download or read book The Chicago Principles on Post-conflict Justice written by M. Cherif Bassiouni and published by . This book was released on 2008 with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt: