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Promoting Accountability Under International Law For Gross Human Rights Violations In Africa
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Book Synopsis Promoting Accountability under International Law for Gross Human Rights Violations in Africa by : Charles Chernor Jalloh
Download or read book Promoting Accountability under International Law for Gross Human Rights Violations in Africa written by Charles Chernor Jalloh and published by BRILL. This book was released on 2015-07-16 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Promoting Accountability under International Law for Gross Human Rights Violations in Africa reflects primarily upon the work of the International Criminal Tribunal for Rwanda in challenging impunity for serious crimes committed in Rwanda in 1994. The authors, among whom are leading scholars and practitioners of international law, draw lessons for future tribunals such as the permanent International Criminal Court.
Book Synopsis National Accountability for International Crimes in Africa by : Emma Charlene Lubaale
Download or read book National Accountability for International Crimes in Africa written by Emma Charlene Lubaale and published by Springer Nature. This book was released on 2022-02-07 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the issues pertaining to the Rome Statute’s complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states’ international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.
Book Synopsis Contemporary International Criminal Law Issues by : Takeh B. K. Sendze
Download or read book Contemporary International Criminal Law Issues written by Takeh B. K. Sendze and published by T.M.C. Asser Press. This book was released on 2024-03-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically analyses diverse international criminal law (ICL) issues in light of recent developments in the international criminal justice system following the pursuit of accountability in Africa and around the world. It gives a scholarly analysis of issues pertaining to ICL and the pursuit of accountability in Africa by way of several topics including universal jurisdiction in Africa, Boko Haram in Nigeria, the legitimacy of the ICTR, the law of genocide committed against the Herero and Nama peoples, the African perspective on international co-operation in criminal matters, the Malabo Protocol, and whether an African Regional Court is a viable alternative to the ICC. Further discussed are other aspects of ICL, such as prosecuting sexual and gender-based crimes at the ICC, sexual and gender-based crimes perpetrated against men, guilty pleas within ICL and slavery within international criminal justice. With this, the book also refers to the jurisprudence of several international courts and tribunals including the ICTR, the ICTY, the SCSL, the ICC, the ECCC, the KSC, and the STL. This timely contributed volume updates international criminal law experts, practitioners, academics, human rights activists and other stakeholders on contemporary developments in ICL and provides recommendations that address accountability for mass atrocity crimes and ideas for strategic ICL litigation at the national, international, regional and sub-regional levels. It will prompt constructive exchanges on what can be improved in prosecuting mass atrocity crimes around the world. Takeh B.K. Sendze is an Advocate and Legal Officer with the United Nations International Residual Mechanism for Criminal Tribunals in Arusha, Tanzania. Adesola Adeboyejo is a Trial Lawyer at the International Criminal Court. Sir Howard Morrison QC is a former International Judge and an Associate Tenant at Doughty Street Chambers in London, United Kingdom. Sophia Ugwu is a Solicitor and Advocate who founded the Centre for African Justice, Peace and Human Rights in The Hague, The Netherlands.
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:
Book Synopsis The African Criminal Court by : Gerhard Werle
Download or read book The African Criminal Court written by Gerhard Werle and published by Springer. This book was released on 2016-11-29 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Book Synopsis The African Court of Justice and Human and Peoples' Rights in Context by : Charles C. Jalloh
Download or read book The African Court of Justice and Human and Peoples' Rights in Context written by Charles C. Jalloh and published by Cambridge University Press. This book was released on 2019-05-16 with total page 1199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
Book Synopsis International Criminal Tribunals and Domestic Accountability by : Patryk I. Labuda
Download or read book International Criminal Tribunals and Domestic Accountability written by Patryk I. Labuda and published by Oxford University Press. This book was released on 2023-05-17 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1990s, the promise of justice for atrocity crimes was associated with the revival of international criminal tribunals (ICTs). More recently, however, there has been a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a 'complementarity turn', a paradigm shift toward domestic accountability in the field of international criminal justice, this book investigates how the shadow of international criminal tribunals influences the treatment of serious crimes at the national level. Drawing on research and interviews in Rwanda, the Democratic Republic of Congo, and Sierra Leone, this book develops a tripartite framework to analyse how states and tribunals work with, despite, or against one another in the fight against impunity. While international prosecutors and judges use the principle of complementarity to foster cooperation and decrease tension with government actors, Patryk I. Labuda argues that too much deference by ICTs toward states reduces the likelihood of accountability and may enable national elites to consolidate authoritarian power. By interrogating how international accountability stakeholders relate to their domestic counterparts, International Criminal Tribunals and Domestic Accountability advocates improvements to ICTs' institutional design and more dynamic interactions with states to strengthen the enforcement of international criminal law.
Book Synopsis Relationships between International Criminal Law and Other Branches of International Law by : William A. Schabas
Download or read book Relationships between International Criminal Law and Other Branches of International Law written by William A. Schabas and published by BRILL. This book was released on 2022-05-20 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This course investigates the relationships between international criminal law and other branches of international law. It begins by examining four issues of general international law: the principal sources of international law, jurisdiction and immunities, State responsibility, and use of force. It then explores internationalhumanitarian law, focusing on definitions of war crimes and difficulties in linking IHL and ICL. Next, it examines refugee law, paying particular attention to the exclusion of war criminals from refugee protection and to international crimes that may be related to the rights and treatment of refugees. The final chapter explores the relationship between ICL and human rights law, examining the position of human rights within the Rome Statute of the ICC, as well as the human rights aspects of genocide, crimes against humanity, various procedural rights relating to fair international trials and the contribution of human rights fact-finding mechanisms.
Book Synopsis Doing Justice to History by : Barrie Sander
Download or read book Doing Justice to History written by Barrie Sander and published by Oxford University Press, USA. This book was released on 2021-03-09 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how historical narratives of mass atrocites are constructed and contested within international criminal courts. In particular, it looks into the important question of what tends to be foregrounded, and what tends to be excluded, in these narratives.
Book Synopsis Judicial Deference in International Adjudication by : Johannes Hendrik Fahner
Download or read book Judicial Deference in International Adjudication written by Johannes Hendrik Fahner and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.
Book Synopsis Accountability for Human Rights Violations by International Organisations by : Eva Brems
Download or read book Accountability for Human Rights Violations by International Organisations written by Eva Brems and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the proliferation of international organizations and their ever increasing role in a wide range of policy fields, situations multiply in which human rights are threatened or violated through the actions, operations, or policies of such organizations. This book is the first to explore these problems in a comprehensive manner and to examine the accountability mechanisms that are available. In the first section, the contributions study general concepts, such as the accountability of international organizations as an evolving legal concept, international organizations as independent actors, the logic of sliding scales in the law of international responsibility, and the relations between the international organizations and their Member States in regard to their respective obligations and responsibilities. Subsequent parts of the book focus on the accountability for human rights violations attributable to international organizations in four areas: peace and humanitarian operations, international civil administration, economic governance, and the staff of international organizations.
Book Synopsis Amnesty in the Age of Human Rights Accountability by : Francesca Lessa
Download or read book Amnesty in the Age of Human Rights Accountability written by Francesca Lessa and published by Cambridge University Press. This book was released on 2012-05-28 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.
Book Synopsis Prosecutorial Discretion at the International Criminal Court by : Anni Pues
Download or read book Prosecutorial Discretion at the International Criminal Court written by Anni Pues and published by Bloomsbury Publishing. This book was released on 2020-07-09 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book provides a comprehensive guide to, and rigorous analysis of, prosecutorial discretion at the International Criminal Court. This is the first ever study that takes the reader through all the key stages of the Proscecutor's decision-making process. Starting from preliminary examinations and the decision to investigate, the book also explores case selection processes, plea agreements, culminating in the question of how to end engagement in specific country situations. The book serves as a guide to the Rome Statute through the lens of the Prosecutor's activities. With its unique combination of legal theory and specific policy analysis, it addresses broader questions that will be relevant to other international and hybrid criminal courts and tribunals. The book will be of interest to students, practitioners of law, academics, and the wider public concerned with international law, criminal justice and international relations.
Download or read book Embattled Visions written by Jan Eckel and published by Wallstein Verlag. This book was released on 2022-05-02 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die komplexen Wandlungen der Menschenrechte in der jüngsten Zeitgeschichte. Nach 1990 gewannen Menschenrechte national wie international ein wohl vorher nie erreichtes Gewicht. Immer mehr Akteure begriffen gesellschaftliche Probleme als Menschenrechtsfragen. Der Universalanspruch erfuhr weltweite Zustimmung und beförderte eine Vielzahl neuer interventionistischer Praktiken über nationalstaatliche Grenzen hinweg. Nicht zuletzt machten zahlreiche wissenschaftliche Disziplinen Menschenrechte, in einer vielschichtigen Wechselwirkung mit den gleichzeitigen politischen Veränderungen, zum Gegenstand der Forschung. Die Phase zukunftsgewisser Aufbrüche endete jedoch bereits vor der Jahrhundertwende. Zugleich sah sich die Idee universal gültiger Rechte heftigen Anfechtungen und Gegenentwürfen ausgesetzt. Dieser Band will eine neue empirische Grundlage für das Nachdenken über die jüngste Menschenrechtsgeschichte legen, indem zentrale Entwicklungen der letzten dreißig Jahre beleuchtet werden. Dabei bewegen sich die Beiträge über dichotomische Deutungsangebote von einerseits Triumph und Erfolg, andererseits Scheitern und Niedergang hinaus und schärfen den Blick für komplexe Wandlungsprozesse und gegenläufige Entwicklungen. Der Band erscheint vollständig in englischer Sprache. _____ The complex trajectory of human rights in the history of the past three decades. The 1990s saw an extraordinary surge in the significance that various actors attributed to the concept of human rights. A growing number of activists and politicians began framing their concerns as human rights issues. The universal claim of human rights received unprecedented support and spurred new interventionist practices across national borders. Numerous academic disciplines made human rights a subject of research, both reflecting on and influencing the emerging human rights policies. Yet the moment of enthusiastic new departures waned even before the advent of the new century. At the same time – and often as a direct consequence of its new prominence – critics opposed the idea of universal rights with an unprecedented fierceness. This volume breaks new ground in examining important developments that have unfolded in human rights history over the past thirty years. In situating these events, the volume looks beyond dichotomous interpretations of either triumph and success or failure and decline, sharpening our view of complexities and contradictions. The volume is published entirely in English.
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, USA. This book was released on 2020 with total page 911 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moving away from conventional approaches to the study of the subject, the Oxford Handbook of International Criminal Law draws on insights from disciplines both outside of criminal law and outside of law itself to critically examine issues such as international criminal law's actors, rationales, boundaries, and narratives
Book Synopsis International Criminal Law in Mexico by : Tania Ixchel Atilano
Download or read book International Criminal Law in Mexico written by Tania Ixchel Atilano and published by Springer Nature. This book was released on 2021-03-26 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book puts forward proposals for solutions to the current gaps between the Mexican legal order and the norms and principles of international criminal law. Adequate legislative measures are suggested for compliance with international obligations. The author approaches the book's subject matter by tracing all norms related to the prosecution of core crimes and contextualizing each of the findings with a brief historical and political account. Additionally, state practice is analyzed, identifying patterns and inconsistencies. This approach is new in offering a wide perspective on international criminal law in Mexico. Relevant legal documents are analyzed and annexed in the book, providing the reader with a useful guide to the topics analyzed. Issues including the following are examined: the incorporation of core crimes in the Mexican legal order, military jurisdiction, the war crimes definition under Mexican law, unaddressed atrocities, state practice and future challenges to combat impunity. The book will be of relevance to legal scholars, students, practitioners of law and human rights advocates. It also offers interesting insights to political scientists, historians and journalists. Tania Ixchel Atilano has a Dr. Iur. from the Humboldt Universität Berlin, an LLM in German Law from the Ludwig Maximilian Universität, Munich, and attained her law degree at the ITAM in Mexico City.
Book Synopsis Introduction to Rwandan Law by : Jean-Marie Kamatali
Download or read book Introduction to Rwandan Law written by Jean-Marie Kamatali and published by Routledge. This book was released on 2020-01-16 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores key innovations in Rwandan law, exploring how the homegrown legal system with the civil law and common law legal systems. The author explores the history of Rwandan law through pre-colonial, to colonial and post-independence periods, examines the homegrown legal and justice approaches, such as Gacaca, Abunzi and Imihigo, introduced in post genocide Rwanda to deal with legal problems that could not be dealt with using the western legal system; and highlights the innovative Rwandan approach to incorporating international law in the domestic legal system. The book also covers the evolution of the Rwandan Constitutional Law and Constitutionalism since independence; the development of family law from a legal system that oppressed women to one that promotes girls and women rights. Finally, the book explores the contribution of common law in the transformation of the organization, jurisdiction and functioning of Rwandan Courts. This book will be of interest to scholars and students of African law, international law and the legal system in Rwanda.
