International Cooperation in Dealing with International Crimes Under International Criminal Law: The Case of the Khmer Rouge Tribunal

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Publisher : GRIN Verlag
ISBN 13 : 3640600339
Total Pages : 37 pages
Book Rating : 4.6/5 (46 download)

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Book Synopsis International Cooperation in Dealing with International Crimes Under International Criminal Law: The Case of the Khmer Rouge Tribunal by : Sopheada Phy

Download or read book International Cooperation in Dealing with International Crimes Under International Criminal Law: The Case of the Khmer Rouge Tribunal written by Sopheada Phy and published by GRIN Verlag. This book was released on 2010-04 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (undergraduate) from the year 2009 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: A, University for Peace (United Nations-mandated University for Peace), language: English, abstract: Traditional international law considered the sovereignty of state as the core principle and state cannot be interfered by other states or international community even though it is failed to protect its people. The modern international law developed when the Peace of Westphalia was signed in 1648. With this development, the principle of sovereignty of state has been gradually replaced with the principle of international community as every state more or less is dependent, particularly in terms of economics and politics, in order to survive in the world community. In this regard, each state came into agreement on trade, diplomacy and so on with the others. So each is bound by international law either treaty, customary international law, or other sources of international law. Regarding the international crimes under international criminal law such as genocide, crimes against humanity, and war crimes, most of the states more or less are bound by them, significantly under the 1948-Convention on the Prevention and Punishment of the Crime of Genocide, 1968-Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, and the 2002-Rome Statute of the International Criminal Court (ICC). Throughout the history, a number of genocide, crimes against humanity and war crimes happened, but only were four ad hoc tribunals right away created to prosecute the criminals before the ICC came into being in 2002. Those are the 1945-Nuremberg Tribunal, the 1946- Tokyo Tribunal, the 1993-International Criminal Tribunal for the Former Yugoslavia, and the 1994-International Criminal Tribunal for Rwanda. However, such a thing was not undertaken in Cambodia after the Khmer Rouge regime collapse in 1979. T

Figuring Victims in International Criminal Justice

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Publisher : Routledge
ISBN 13 : 0429492057
Total Pages : 196 pages
Book Rating : 4.4/5 (294 download)

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Book Synopsis Figuring Victims in International Criminal Justice by : Maria Elander

Download or read book Figuring Victims in International Criminal Justice written by Maria Elander and published by Routledge. This book was released on 2018-06-12 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most discourses on victims in international criminal justice take the subject of victims for granted, as an identity and category existing exogenously to the judicial process. This book takes a different approach. Through a close reading of the institutional practices of one particular court, it demonstrates how court practices produce the subjectivity of the victim, a subjectivity that is profoundly of law and endogenous to the enterprise of international criminal justice. Furthermore, by situating these figurations within the larger aspirations of the court, the book shows how victims have come to constitute and represent the link between international criminal law and the enterprise of transitional justice. The book takes as its primary example the Extraordinary Chambers in the Courts of Cambodia (ECCC), or the Khmer Rouge Tribunal as it is also called. Focusing on the representation of victims in crimes against humanity, victim participation and photographic images, the book engages with a range of debates and scholarship in law, feminist theory and cultural legal theory. Furthermore, by paying attention to a broader range of institutional practices, Figuring Victims makes an innovative scholarly contribution to the debates on the roles and purposes of international criminal justice.

Prosecuting the Destruction of Cultural Property in International Criminal Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004257632
Total Pages : 266 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Prosecuting the Destruction of Cultural Property in International Criminal Law by : Caroline Ehlert

Download or read book Prosecuting the Destruction of Cultural Property in International Criminal Law written by Caroline Ehlert and published by Martinus Nijhoff Publishers. This book was released on 2013-10-24 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Prosecuting the Destruction of Cultural Property in International Criminal Law Caroline Ehlert offers an analysis of treaty law protecting cultural property from destruction and foremost of the relevant provisions for prosecuting the destruction of cultural property in international criminal law. The wanton destruction of valuable cultural property during armed conflict as well as during peacetime is omnipresent. Therefore it is of the utmost importance to provide for provisions criminalising the destruction of cultural property and offering a basis for the prosecution of possible perpetrators.

Old Evidence and Core International Crimes

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Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081600
Total Pages : 313 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis Old Evidence and Core International Crimes by : Morten Bergsmo

Download or read book Old Evidence and Core International Crimes written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2012-11-19 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often only years after the commission of core international crimes that prosecutions and investigations take place. This anthology addresses challenges associated with such delayed justice: the location, treatment, and assessment of old evidence. Part I considers the topic from the perspective of different actors involved in the prosecution of core international crimes at the domestic and international levels. Part II comprises chapters focusing on the efforts of the Bangladeshi authorities to investigate and prosecute international crimes perpetrated during the 1971 war. This book brings together experienced judges, prosecutors, lawyers, scientists, and commentators who have dealt with questions of old evidence in their work. Among the contributors are Shafique Ahmed, Andrew Cayley, David Cohen, Seena Fazel, Siri S. Frigaard, M. Amir-Ul Islam, Md. Shahinur Islam, Agnieszka Klonowiecka-Milart, Alphons M.M. Orie, Stephen J. Rapp, Patrick J. Treanor, Otto Triffterer and Martin Witteveen. The chapters describe the challenges encountered in practice and suggest concrete solutions that can be tailored to fit the circumstances of the case or country. By providing a comprehensive analysis of the relevant problems in this area and a variety of views, this anthology will serve as an invaluable resource for criminal justice actors and researchers seeking to address questions of old evidence.

The Extraordinary Chambers in the Courts of Cambodia

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Publisher : Springer
ISBN 13 : 9462651051
Total Pages : 612 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The Extraordinary Chambers in the Courts of Cambodia by : Simon M. Meisenberg

Download or read book The Extraordinary Chambers in the Courts of Cambodia written by Simon M. Meisenberg and published by Springer. This book was released on 2016-03-30 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC’s hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed assessment of their legacies and contribution to international criminal law. The collection, containing 20 chapters from leading scholars and practitioners with inside knowledge of the ECCC, discuss the most pressing topics and its implications for international criminal law. These include the establishment of the ECCC, subject matter crimes, joint criminal enterprise and procedural aspects, including questions regarding the trying of frail accused persons and the admission of torture statements into evidence. Simon M. Meisenberg is an Attorney-at-Law in Germany, formerly he was a Legal Advisor to the ECCC and a Senior Legal Officer at the Special Court for Sierra Leone. Ignaz Stegmiller is Coordinator for the International Programs of the Faculty of Law at the Franz von Liszt Institute for International and Comparative Law, Giessen, Germany.

The Khmer Rouge and the Crime of Genocide

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Publisher : Dike Publishers
ISBN 13 : 9783037514405
Total Pages : 0 pages
Book Rating : 4.5/5 (144 download)

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Book Synopsis The Khmer Rouge and the Crime of Genocide by : Thomas Karl Forster

Download or read book The Khmer Rouge and the Crime of Genocide written by Thomas Karl Forster and published by Dike Publishers. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than one million people died in Cambodia from 1975 to 1979 under the regime of the Khmer Rouge. Thirty years later, a Cambodian court, supported by the UN, seeks to hold legally accountable those most responsible for the crimes committed. This study presents some of the major legal issues relevant to possible genocide charges against the Khmer Rouge at the Extraordinary Chambers in the Courts of Cambodia. The first part of the book examines the basic structure and elements of the crime of genocide under international criminal law, with a focus on the particular intent requirement and the issue of groups as targets of genocidal intent. The second part looks at the specific case of the Khmer Rouge mass atrocities - based on the legal framework elaborated - discussing the questions involved in the legal characterization of Khmer Rouge policies. These questions include the auto-genocide debate, the distinction between discriminatory mass killings and genocidal intent, as well as the legal relevance of motives for group targeting. (Series: International Criminal Law - Vol. 2)

Victims, Atrocity and International Criminal Justice

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Publisher : Routledge
ISBN 13 : 1351733311
Total Pages : 246 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Victims, Atrocity and International Criminal Justice by : Rachel Killean

Download or read book Victims, Atrocity and International Criminal Justice written by Rachel Killean and published by Routledge. This book was released on 2018-07-03 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: While international criminal courts have often been declared as bringing ‘justice’ to victims, their procedures and outcomes historically showed little reflection of the needs and interests of victims themselves. This situation has changed significantly over the last sixty years; victims are increasingly acknowledged as having various ‘rights’, while their need for justice has been deployed as a means of justifying the establishment of international criminal courts. However, it is arguable that the goals of political and legal elites continue to be given precedence, and the ability of courts to deliver ‘justice to victims’ remains contested. This book contributes to this important debate through an examination of the role of victims as civil parties within the Extraordinary Chambers in the Courts of Cambodia. Drawing on a series of interviews with civil parties, court practitioners and civil society actors, the book explores the way in which both the ECCC and the role of victims within it are shaped by specific political, economic and legal contexts; examining the ‘gap’ between the legitimising value of the ‘imagined victim’, and the extent to which victims are able to further their interests within the courtroom.

Victims of International Crimes: An Interdisciplinary Discourse

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Publisher : Springer Science & Business Media
ISBN 13 : 9067049123
Total Pages : 399 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Victims of International Crimes: An Interdisciplinary Discourse by : Thorsten Bonacker

Download or read book Victims of International Crimes: An Interdisciplinary Discourse written by Thorsten Bonacker and published by Springer Science & Business Media. This book was released on 2013-07-09 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.

Accountability for Human Rights Atrocities in International Law

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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.

Getting Away with Genocide?

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Publisher : UNSW Press
ISBN 13 : 9780868409047
Total Pages : 350 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis Getting Away with Genocide? by : Tom Fawthrop

Download or read book Getting Away with Genocide? written by Tom Fawthrop and published by UNSW Press. This book was released on 2005 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Foreword by Roland Joffe, Director of 'The Killing Fields' " --Cover.

International Criminal Justice

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Publisher : Routledge
ISBN 13 : 1317114272
Total Pages : 706 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis International Criminal Justice by : Roberto Bellelli

Download or read book International Criminal Justice written by Roberto Bellelli and published by Routledge. This book was released on 2016-04-22 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.

Prosecuting the Destruction of Cultural Property in International Criminal Law

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (96 download)

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Book Synopsis Prosecuting the Destruction of Cultural Property in International Criminal Law by :

Download or read book Prosecuting the Destruction of Cultural Property in International Criminal Law written by and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Victims in Trials of Mass Crimes

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Publisher : BoD – Books on Demand
ISBN 13 : 3732262405
Total Pages : 98 pages
Book Rating : 4.7/5 (322 download)

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Book Synopsis Victims in Trials of Mass Crimes by : Elisa Hoven

Download or read book Victims in Trials of Mass Crimes written by Elisa Hoven and published by BoD – Books on Demand. This book was released on 2013-09-24 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cologne Occasional Papers on International Peace and Security Law cover essays, studies and expert's reports on current public international law issues. The series is edited by Claus Kreß.

Striving for Justice

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Publisher :
ISBN 13 :
Total Pages : 316 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Striving for Justice by : Jason S. Abrams

Download or read book Striving for Justice written by Jason S. Abrams and published by . This book was released on 1995 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Trials for International Crimes in Asia

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Publisher : Cambridge University Press
ISBN 13 : 1107104653
Total Pages : 387 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Trials for International Crimes in Asia by : Kirsten Sellars

Download or read book Trials for International Crimes in Asia written by Kirsten Sellars and published by Cambridge University Press. This book was released on 2015-10-22 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive legal appraisal of tribunals convened across Asia to try war crimes, crimes against humanity, and genocide.

Legal Responses to Transnational and International Crimes

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786433990
Total Pages : 336 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Legal Responses to Transnational and International Crimes by : Harmen van der Wilt

Download or read book Legal Responses to Transnational and International Crimes written by Harmen van der Wilt and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?

The Khmer Rouge Tribunal

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Publisher :
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis The Khmer Rouge Tribunal by : John David Ciorciari

Download or read book The Khmer Rouge Tribunal written by John David Ciorciari and published by . This book was released on 2006 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Between April 1975 and January 1979, the radical Khmer Rouge regime subjected Cambodians to a wave of atrocities that left over one in four Cambodians dead. For nearly three decades, calls for justice went unanswered, and the architects of Khmer Rouge terror enjoyed almost unfettered impunity. Only recently has a tribunal been established to put surviving Khmer Rouge officials on trial. This edited volume examines the origins, evolution, and features of the Khmer Rouge Tribunal. It provides a concise overview of legal and political issues surrounding the tribunal and answers key questions about the accountability process. It explains why the tribunal took so many years to create and why it became a "hybrid" court with Cambodian and international participation. It also assesses the laws and procedures governing the proceedings and the likely evidence available against Khmer Rouge defendants. Finally, it discusses how the tribunal can most effectively advance the aims of justice and reconciliation in Cambodia and help to dispel the shadows of the past."--BACK COVER.