Reparations For Victims Of Genocide War Crimes And Crimes Against Humanitity

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Reparations for Victims of Genocide, War Crimes and Crimes against Humanity

Author : Carla Ferstman
Publisher : BRILL
ISBN 13 : 9047427955
Total Pages : 584 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Reparations for Victims of Genocide, War Crimes and Crimes against Humanity by : Carla Ferstman

Download or read book Reparations for Victims of Genocide, War Crimes and Crimes against Humanity written by Carla Ferstman and published by BRILL. This book was released on 2009-04-24 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.

Reparations for Victims of Genocide, War Crimes and Crimes against Humanity

Author : Carla Ferstman
Publisher : BRILL
ISBN 13 : 9004377190
Total Pages : 790 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Reparations for Victims of Genocide, War Crimes and Crimes against Humanity by : Carla Ferstman

Download or read book Reparations for Victims of Genocide, War Crimes and Crimes against Humanity written by Carla Ferstman and published by BRILL. This book was released on 2020-02-17 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.

Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity

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

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Download or read book Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity written by and published by . This book was released on 2007 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reparations for Victims of Genocide, War Crimes and Crimes Against Humanitity

Author : Carla Ferstman
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (143 download)

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Book Synopsis Reparations for Victims of Genocide, War Crimes and Crimes Against Humanitity by : Carla Ferstman

Download or read book Reparations for Victims of Genocide, War Crimes and Crimes Against Humanitity written by Carla Ferstman and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Out of the Ashes

Author : Koen Feyter
Publisher : Intersentia nv
ISBN 13 : 9050954510
Total Pages : 543 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Out of the Ashes by : Koen Feyter

Download or read book Out of the Ashes written by Koen Feyter and published by Intersentia nv. This book was released on 2005 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last decade, the issue of reparation for victims of gross and systematic human rights violations has given rise to intense debates at the national and the international level. Discussions particularly arise in post-conflict situations characterised by serious violations of human rights, such as genocide, crimes against humanity, war crimes, and other forms of injustice of the past. Crucial questions include: what harm inflicted to victims warrants reparation? when and how to repair the harm? who is eligible for reparation and who has the duty to repair? These and other questions raise many challenging issues for theory and practice. This volume contains the contributions presented at an international conference in Brussels, in February 2005, on the right to reparation for victims of serious human rights violations. It also includes the final report of a research project undertaken jointly at the Universities of Antwerp (UA) and Leuven (K.U.Leuven) between 2000 and 2004 on the right to reparation in international law for victims of gross and systematic human rights violations, both from a legal and a socio-political perspective. The present volume is aimed at academics, policy-makers, national and international courts and tribunals, the legal professions, and civil society at large.

Redress for Victims of Crimes Under International Law

Author : Ilaria Bottigliero
Publisher : Springer
ISBN 13 : 9401760276
Total Pages : 320 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Redress for Victims of Crimes Under International Law by : Ilaria Bottigliero

Download or read book Redress for Victims of Crimes Under International Law written by Ilaria Bottigliero and published by Springer. This book was released on 2013-11-11 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims' redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims' redress.

Colonial Genocide and Reparations Claims in the 21st Century

Author : Jeremy Sarkin
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313362572
Total Pages : 320 pages
Book Rating : 4.3/5 (133 download)

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Book Synopsis Colonial Genocide and Reparations Claims in the 21st Century by : Jeremy Sarkin

Download or read book Colonial Genocide and Reparations Claims in the 21st Century written by Jeremy Sarkin and published by Bloomsbury Publishing USA. This book was released on 2008-11-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: More and more, the descendants of indigenous victims of genocide, land expropriation, forced labor, and other systematic human rights violations committed by colonial powers are seeking reparations under international law from the modern successor governments and corporations. As the number of colonial reparations cases increases, courts around the world are being asked to apply international law to determine whether reparations are due for atrocities and crimes that might have been committed long ago but whose lasting effects are alleged to injure the modern descendants of the victims. Sarkin analyzes the thorny issues of international law raised in such suits by focusing on groundbreaking cases in which he is involved as legal advisor to the paramount chief of the Herero people of Namibia. In 2001, the Herero became the first ethnic group to seek reparations under the legal definition of genocide by bringing multi-billion-dollar suits against Germany and German companies in a number of U.S. federal courts under the Alien Torts Claim Act of 1789. The Herero genocide, conducted in German South-West Africa (present-day Namibia) between 1904 and 1908, is recognized by the UN as the first organized state genocide in world history. Although the Herero were subjected to Germany's First Genocide, they have, unlike the victims of the Holocaust, received no reparations from Germany. By machine-gun massacres, starvation, poisoning, and forced labor in Germany's first concentration camps, the German Schutztruppe systematically exterminated as many as 105,000 Herero women, and children, composing most of the Herero population. Sarkin considers whether these historical events constitute legally defined genocide, crimes against humanity, and other international crimes. He evaluates the legal status of indigenous polities in Africa at the time and he explores the enduring impact in Namibia of the Germany's colonial campaign of genocide. He extrapolates the Herero case to global issues of reparations, apologies, and historical human rights violations, especially in Africa.

The Right to Reparations Under the Rome Statute of the International Criminal Court (ICC)

Author : Stanislas Kabalira
Publisher :
ISBN 13 : 9789462403222
Total Pages : 384 pages
Book Rating : 4.4/5 (32 download)

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Book Synopsis The Right to Reparations Under the Rome Statute of the International Criminal Court (ICC) by : Stanislas Kabalira

Download or read book The Right to Reparations Under the Rome Statute of the International Criminal Court (ICC) written by Stanislas Kabalira and published by . This book was released on 2016 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Rome Statute of the International Criminal Court established and vested the Court with the power to decide on reparations to victims. The concept of reparations to victims remains a controversial topic in international criminal law. Does the Statute explicitly create victims' right to reparations? How and why have we to distinguish between reparations under Article 75 and victim assistance or support from the Trust Fund created by Article 79 of the Statute? Does the Statute or international law embody substantive law to be applied to reparations to victims? From a procedural perspective other questions arise: Has the Statute or the Court developed procedural law that allows to balance the interests of parties to proceedings before a court whose mission is primarily criminal? Where a conflict of jurisdiction arises between the International Criminal Court and national courts, as regards reparations against a convicted person, how can the risk be dispelled? What kind of reparations may redress victims of the most serious international crimes, such as crime of genocide, crimes against humanity and war crimes? Does there exist an effective legal framework to facilitate the implementation of reparations orders issued by the Court? This book endeavours to discuss the major legal issues arising from the introduction of the concept of reparations to victims in international criminal law. More particularly, the book describes challenges in implementing Article 75 of the Rome Statute and attempts to suggest legal solutions thereto"--Back cover.

Pursuing Justice for Mass Atrocities

Author : Sarah McIntosh
Publisher :
ISBN 13 : 9781736841600
Total Pages : pages
Book Rating : 4.8/5 (416 download)

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Book Synopsis Pursuing Justice for Mass Atrocities by : Sarah McIntosh

Download or read book Pursuing Justice for Mass Atrocities written by Sarah McIntosh and published by . This book was released on 2021-03-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Pursuing Justice for Mass Atrocities: A Handbook for Victim Groups" is an educational resource for victim groups that want to influence or participate in the justice process for mass atrocities. It presents a range of tools that victim groups can use, from building a victim-centered coalition and developing a strategic communications plan to engaging with policy makers and decision makers and using the law to obtain justice.

Waging War, Making Peace

Author : Barbara Rose Johnston
Publisher : Routledge
ISBN 13 : 1315415879
Total Pages : 303 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis Waging War, Making Peace by : Barbara Rose Johnston

Download or read book Waging War, Making Peace written by Barbara Rose Johnston and published by Routledge. This book was released on 2016-09-17 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humans are good at making war—and much less successful at making peace. Genocide, torture, slavery, and other crimes against humanity are gross violations of human rights that are frequently perpetrated and legitimized in the name of nationalism, militarism, and economic development. This book tackles the question of how to make peace by taking a critical look at the primary political mechanism used to "repair" the many injuries suffered in war. With an explicit focus on reparations and human rights, it examines the broad array of abuses being perpetrated in the modern era, from genocide to loss of livelihood. Based on the experiences of anthropologists and others who document abuses and serve as expert witnesses, case studies from around the world offer insight into reparations proceedings; the ethical struggles associated with attempts to secure reparations; the professional and personal risks to researchers, victims, and human rights advocates; and how to come to terms with the political compromises of reparations in the face of the human need for justice. Waging War, Making Peace promises to be a major contribution to public policy, political science, international relations, and human rights and peace research.

WAGING WAR, MAKING PEACE

Author : Barbara Rose Johnston
Publisher : Left Coast Press
ISBN 13 : 9781598747485
Total Pages : 272 pages
Book Rating : 4.7/5 (474 download)

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Book Synopsis WAGING WAR, MAKING PEACE by : Barbara Rose Johnston

Download or read book WAGING WAR, MAKING PEACE written by Barbara Rose Johnston and published by Left Coast Press. This book was released on 2010-01-15 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humans are good at making war—and much less successful at making peace. Genocide, torture, slavery, and other crimes against humanity are gross violations of human rights that are frequently perpetrated and legitimized in the name of nationalism, militarism, and economic development. This book tackles the question of how to make peace by taking a critical look at the primary political mechanism used to "repair" the many injuries suffered in war. With an explicit focus on reparations and human rights, it examines the broad array of abuses being perpetrated in the modern era, from genocide to loss of livelihood. Based on the experiences of anthropologists and others who document abuses and serve as expert witnesses, case studies from around the world offer insight into reparations proceedings; the ethical struggles associated with attempts to secure reparations; the professional and personal risks to researchers, victims, and human rights advocates; and how to come to terms with the political compromises of reparations in the face of the human need for justice. Waging War, Making Peace promises to be a major contribution to public policy, political science, international relations, and human rights and peace research.

Justice for Victims of Atrocity Crimes

Author : Fanny Holm
Publisher :
ISBN 13 : 9789176017388
Total Pages : 283 pages
Book Rating : 4.0/5 (173 download)

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Book Synopsis Justice for Victims of Atrocity Crimes by : Fanny Holm

Download or read book Justice for Victims of Atrocity Crimes written by Fanny Holm and published by . This book was released on 2017 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis takes its starting point from the need for a comprehensive approach towards justice following atrocities, and where not only the states in which the crimes were committed have a role to play. The thesis discusses atrocity crime (genocide, crimes against humanity and war crimes) prosecution and reparations procedures concerning individuals as two appropriate courses of action, through which non-territorial states may contribute to atrocity prevention and justice for the victims of atrocities. The analysis addresses whether, under international law, non-territorial states are allowed to, required to, or prohibited from facilitating prosecution and reparations procedures and includes an assessment of the extent to which international law relating to reparations fails to correspond to that applicable to prosecution. The implications of the lack of correspondence are analysed in light of the historical connection and separation of the two courses of action, the procedural and substantive legal overlaps between prosecution and reparations, and the underlying aims and functions of prosecution and reparations. The study covers a wide spectrum of international legal sources, most of them to be found in human rights law, humanitarian law and international criminal law. The study shows that while non-territorial states are included in both conventional and customary law as regards prosecution of atrocity crimes, the same cannot be said in relation to reparations procedures. This serious deficit and inconsistency in international law, is explained by the framing of reparations, but not prosecution, as a matter concerning victims and human rights, thereby leaving the enforcement of the rules to the discretion of each state. Reparation is also considered a private matter and as such falls outside the scope of the far-reaching obligations regarding prosecution. The study suggests taking further the responsibilities of non-territorial states in relation to atrocity crimes. Most urgently, measures should be considered that bring the legal space for reparations procedures into line with that for prosecution in, for instance, future discussions by human rights treaty-monitoring bodies and in the drafting of new international victims’ rights, atrocity crimes or civil procedure instruments.

Between Vengeance and Forgiveness

Author : Martha Minow
Publisher : Beacon Press
ISBN 13 : 080704508X
Total Pages : 236 pages
Book Rating : 4.8/5 (7 download)

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Book Synopsis Between Vengeance and Forgiveness by : Martha Minow

Download or read book Between Vengeance and Forgiveness written by Martha Minow and published by Beacon Press. This book was released on 2001-01-17 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of collective violence and genocide is the twentieth century's most terrible legacy. Martha Minow, a Harvard law professor and one of our most brilliant and humane legal minds, offers a landmark book on our attempts to heal after such large-scale tragedy. Writing with informed, searching prose of the extraordinary drama of the truth commissions in Argentina, East Germany, and most notably South Africa; war-crime prosecutions in Nuremberg and Bosnia; and reparations in America, Minow looks at the strategies and results of these riveting national experiments in justice and healing.

Reparations for Victims of Armed Conflict

Author : Cristián Correa
Publisher : Cambridge University Press
ISBN 13 : 1108480950
Total Pages : 303 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Reparations for Victims of Armed Conflict by : Cristián Correa

Download or read book Reparations for Victims of Armed Conflict written by Cristián Correa and published by Cambridge University Press. This book was released on 2020-12-17 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.

Encyclopedia of Genocide and Crimes Against Humanity

Author : Dinah Shelton
Publisher : Macmillan Reference USA
ISBN 13 :
Total Pages : 536 pages
Book Rating : 4.3/5 (97 download)

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Book Synopsis Encyclopedia of Genocide and Crimes Against Humanity by : Dinah Shelton

Download or read book Encyclopedia of Genocide and Crimes Against Humanity written by Dinah Shelton and published by Macmillan Reference USA. This book was released on 2005 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents an alphabetically-arranged encyclopedia with over three hundred fifty entries depicting genocide and war crimes from ancient history through the twenty-first century and includes information on the various individuals and groups that have been targeted, courts and tribunals, and various sorts of reparations.

The International Criminal Court

Author : Marlies Glasius
Publisher : Routledge
ISBN 13 : 1134315678
Total Pages : 177 pages
Book Rating : 4.1/5 (343 download)

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Book Synopsis The International Criminal Court by : Marlies Glasius

Download or read book The International Criminal Court written by Marlies Glasius and published by Routledge. This book was released on 2006-03-29 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?

Justice in Conflict

Author : Mark Kersten
Publisher : Oxford University Press
ISBN 13 : 0191082945
Total Pages : 273 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Justice in Conflict by : Mark Kersten

Download or read book Justice in Conflict written by Mark Kersten and published by Oxford University Press. This book was released on 2016-08-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.