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Role Of The International Criminal Court In Preventing Mass Atrocity
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Book Synopsis Role of the International Criminal Court in Preventing Mass Atrocity by : Marie-Claude Jean-Baptiste
Download or read book Role of the International Criminal Court in Preventing Mass Atrocity written by Marie-Claude Jean-Baptiste and published by Torkel Opsahl Academic EPublisher. This book was released on 2019-05-01 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Mass Atrocity Crimes by : Robert I. Rotberg
Download or read book Mass Atrocity Crimes written by Robert I. Rotberg and published by Brookings Institution Press. This book was released on 2010 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dozen scholars explore what can be done to combat genocide, ethnic cleansing and other crimes against humanity, which, despite grisly examples from the past century, continue to rear their ugly head today. Original.
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.
Book Synopsis Mass Atrocity Crimes by : Robert I. Rotberg
Download or read book Mass Atrocity Crimes written by Robert I. Rotberg and published by Brookings Institution Press. This book was released on 2010-09-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can be done to combat genocide, ethnic cleansing, and other crimes against humanity? Why aren't current measures more effective? Is there hope for the future? These and other pressing questions surrounding human security are addressed head-on in this provocative and all-too-timely book. Millions of people, particularly in Africa, face daily the prospect of death at the hands of state or state-linked forces. Although officially both the United Nations and the African Union have adopted "Responsibility to Protect" (R2P) principles, atrocities continue. The tenets of R2P, recently cited in a UN Outcomes Document, make it clear that states have a primary responsibility to protect their citizens from genocide, war crimes, ethnic cleansing, and crimes against humanity. When states cannot—or will not—protect their citizens, however, the international community must step into the breach. Why have efforts to stop horrific state-sanctioned crimes seen only limited success, despite widespread support of R2P? As this enlightening volume explains and illustrates, converting a norm into effective preventive measures remains difficult. The contributors examine the legal framework to inhibit war crimes, use of the emerging R2P norm, the role of the International Criminal Court, and new technologically sophisticated methods to gather early warnings of likely atrocity outbreaks. Together they show how mass atrocities may be anticipated, how they may be prevented, and when necessary, how they may be prosecuted. Contributors include Claire Applegarth (Harvard Kennedy School), Andrew Block (Harvard Kennedy School), Frank Chalk (Montreal Institute for Genocide and Human Rights Studies, Concordia University), David M. Crane (Syracuse University College of Law), Richard J. Goldstone (Constitutional Court of South Africa; UN International Criminal Tribunals for the former Yugoslavia and Rwanda), Don Hubert (University of Ottawa; Global Center for the Responsibility to Protect, City University of New York), Sarah Kreps (Cornell University), Dan Kuwali (Malawi Defence Force), Jennifer Leaning (Harvard Francois Xavier Bagnoud Center for Health and Human Rights), Edward C. Luck (Columbia University; International Peace Institute), Sarah Sewall (Harvard Kennedy School)
Book Synopsis Translating Guilt by : Cassandra Steer
Download or read book Translating Guilt written by Cassandra Steer and published by Springer. This book was released on 2017-02-26 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.
Book Synopsis The Responsibility to Protect by : Gareth Evans
Download or read book The Responsibility to Protect written by Gareth Evans and published by Rowman & Littlefield. This book was released on 2009-08-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Never again!" the world has vowed time and again since the Holocaust. Yet genocide, ethnic cleansing, and other mass atrocity crimes continue to shock our consciences—from the killing fields of Cambodia to the machetes of Rwanda to the agony of Darfur. Gareth Evans has grappled with these issues firsthand. As Australian foreign minister, he was a key broker of the United Nations peace plan for Cambodia. As president of the International Crisis Group, he now works on the prevention and resolution of scores of conflicts and crises worldwide. The primary architect of and leading authority on the Responsibility to Protect ("R2P"), he shows here how this new international norm can once and for all prevent a return to the killing fields. The Responsibility to Protect captures a simple and powerful idea. The primary responsibility for protecting its own people from mass atrocity crimes lies with the state itself. State sovereignty implies responsibility, not a license to kill. But when a state is unwilling or unable to halt or avert such crimes, the wider international community then has a collective responsibility to take whatever action is necessary. R2P emphasizes preventive action above all. That includes assistance for states struggling to contain potential crises and for effective rebuilding after a crisis or conflict to tackle its underlying causes. R2P's primary tools are persuasion and support, not military or other coercion. But sometimes it is right to fight: faced with another Rwanda, the world cannot just stand by. R2P was unanimously adopted by the UN General Assembly at the 2005 World Summit. But many misunderstandings persist about its scope and limits. And much remains to be done to solidify political support and to build institutional capacity. Evans shows, compellingly, how big a break R2P represents from the past, and how, with its acceptance in principle and effective application in practice, the promise of "Never
Book Synopsis Fundamentals of Genocide and Mass Atrocity Prevention by :
Download or read book Fundamentals of Genocide and Mass Atrocity Prevention written by and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Responsibility to Prevent by : Serena K. Sharma
Download or read book The Responsibility to Prevent written by Serena K. Sharma and published by Oxford University Press, USA. This book was released on 2015 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines ways to operationalize the responsibility to prevent genocide, crimes against humanity, war crimes, and ethnic cleansing. Develops a strategic framework to identify the appropriate scope and substance of preventive dimensions and the tools that can be used to prevent escalation such as sanctions, mediation, international criminal justice, and military intervention.
Book Synopsis Reconstructing Atrocity Prevention by : Sheri P. Rosenberg
Download or read book Reconstructing Atrocity Prevention written by Sheri P. Rosenberg and published by Cambridge University Press. This book was released on 2016 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: This proposes a new framework for atrocity prevention, featuring scholars from around the globe including three former UN special advisers.
Book Synopsis The Responsibility to Protect by : Alex J. Bellamy
Download or read book The Responsibility to Protect written by Alex J. Bellamy and published by John Wiley & Sons. This book was released on 2018-12-05 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005, the international community made a landmark commitment to prevent mass atrocities by unanimously adopting the UN’s “Responsibility to Protect” (R2P) principle. As often as not, however, R2P has failed to translate into decisive action. Why does this gap persist between the world’s normative pledges to R2P and its ability to make it a daily lived reality? In this new book, leading global authorities on humanitarian protection Alex Bellamy and Edward Luck offer a probing and in-depth response to this fundamental question, calling for a more comprehensive approach to the practice of R2P – one that moves beyond states and the UN to include the full range of actors that play a role in protecting vulnerable populations. Drawing on cases from the Middle East to sub-Saharan Africa and Southeast Asia, they examine the forces and conditions that produce atrocity crimes and the challenge of responding to them quickly and effectively. Ultimately, they advocate both for emergency policies to temporarily stop carnage and for policies leading to sustainable change within societies and governments. Only by introducing these additional elements to the R2P toolkit will the failures associated with humanitarian crises like Syria and Libya become a thing of the past.
Book Synopsis Public Health, Mental Health, and Mass Atrocity Prevention by : Jocelyn Getgen Kestenbaum
Download or read book Public Health, Mental Health, and Mass Atrocity Prevention written by Jocelyn Getgen Kestenbaum and published by Routledge. This book was released on 2021-07-29 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multidisciplinary volume considers the role of both public health and mental health policies and practices in the prevention of mass atrocity, including war crimes, crimes against humanity, and genocide. The authors address atrocity prevention through the framework of primary (pre-conflict), secondary (mid-conflict), and tertiary (post-conflict) settings. They examine the ways in which public health and mental health scholars and practitioners currently orient their research and interventions and the ways in which we can adapt frameworks, methods, tools, and practice toward a more sophisticated and truly interdisciplinary understanding and application of atrocity prevention. The book brings together diverse fields of study by global north and global south authors in diverse contexts. It culminates in a narrative that demonstrates the state of the current fields on intersecting themes within public health, mental health, and mass atrocity prevention and the future potential directions in which these intersections could go. Such discussions will serve to influence both policy makers and practitioners in these fields toward developing, adapting, and testing frames and tools for atrocity prevention. Multidisciplinary perspectives are represented among editors and authors, including law, political science, international studies, public health, mental health, philosophy, clinical psychology, social psychology, history, and peace studies.
Book Synopsis The International Criminal Court: Contemporary Challenges and Reform Proposals by : Richard H. Steinberg
Download or read book The International Criminal Court: Contemporary Challenges and Reform Proposals written by Richard H. Steinberg and published by BRILL. This book was released on 2020-07-20 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court: Contemporary Challenges and Reform Proposals is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. Topics include: - Sexual and Gender-Based Violence: Obtaining Evidence - Outreach: Challenges Communicating with Victims, Witnesses, and Others - ICC State Party Withdrawals - Measuring the ICC’s Performance - The Crime of Aggression: Scope and Anticipated Difficulties - The Rome Statute at Twenty: Reform Proposals
Book Synopsis Breaking the Cycle of Mass Atrocities by : Marina Aksenova
Download or read book Breaking the Cycle of Mass Atrocities written by Marina Aksenova and published by Bloomsbury Publishing. This book was released on 2019-05-02 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Breaking the Cycle of Mass Atrocities investigates the role of international criminal law at different stages of mass atrocities, shifting away from its narrow understanding solely as an instrument of punishment of those most responsible. The book is premised on the idea that there are distinct phases of collective violence, and international criminal law contributes in one way or another to each phase. The authors therefore explore various possibilities for international criminal law to be of assistance in breaking the vicious cycle at its different junctures.
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.
Book Synopsis Preventing Mass Atrocities by : Barbara Harff
Download or read book Preventing Mass Atrocities written by Barbara Harff and published by Routledge. This book was released on 2018-09-03 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can be done to warn about and organize political action to prevent genocide and mass atrocities? The international contributors to this volume are either experts or practitioners, often both, who have contributed in substantial ways to analyzing high risk situations, recommending preventive policies and actions, and in several instances helping to organize remedial actions. Whereas current literature on the prevention of genocide is theoretically well grounded, this book explores what can be done, and has been done, in real-world situations. Recommendations and actions are rooted in a generation of experience, based on solid historical, comparative, and empirical research and with a grounding in quantitative methods. This volume examines historical cases to understand the general causes and processes of mass violence and genocide, and engages with ongoing genocidal crises including Darfur and Syria, as well as other forms of related violence such as terrorism and civil conflict. It will be key reading for all students and scholars of genocide, war and conflict studies, human security and security studies in general.
Book Synopsis The Responsibility to Prevent by : Serena K. Sharma
Download or read book The Responsibility to Prevent written by Serena K. Sharma and published by OUP Oxford. This book was released on 2015-08-20 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the constitutive elements of the responsibility to protect (R2P), prevention has been deemed by many as the most important. Drawing on contributions from an international group of academics and practitioners, this book seeks to improve our knowledge of how to operationalize the responsibility to prevent genocide, crimes against humanity, war crimes, and ethnic cleansing. The central argument is that the responsibility to prevent should be conceptualized as crimes prevention. The first part of the volume develops a strategic framework, which includes identifying the appropriate scope and substance of R2Ps preventive dimension and distinguishing between systemic and targeted approaches. The second section examines some of the tools that can be used, and have been used, to prevent the escalation of dynamics towards the commission of atrocity crimes (tools such as sanctions, mediation, international criminal justice, and the use of military means), as well as the operational challenges that tend to obstruct global efforts to prevent such crimes. The third and final section draws lessons from actual cases of preventive action, both historical and recent, about the relative success of particular tools and approaches. As the first edited collection of its kind, devoted exclusively to the preventive dimension of R2P, The Responsibility to Prevent intends to inform and shape the growing debate on how to approach atrocity crime prevention and how to build the capacities needed to implement the imperatives at the heart of R2P.
Book Synopsis Making Sense of Mass Atrocity by : Mark Osiel
Download or read book Making Sense of Mass Atrocity written by Mark Osiel and published by Cambridge University Press. This book was released on 2009-07-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Genocide, crimes against humanity, and the worst war crimes are possible only when the state or other organisations mobilise and co-ordinate the efforts of many people. Responsibility for mass atrocity is always widely shared, often by thousands. Yet criminal law, with its liberal underpinnings, prefers to blame particular individuals for isolated acts. Is such law, therefore, constitutionally unable to make any sense of the most catastrophic conflagrations of our time? Drawing on the experience of several prosecutions, this book both trenchantly diagnoses the law's limits at such times and offers a spirited defence of its moral and intellectual resources for meeting the vexing challenge of holding anyone criminally accountable for mass atrocity. Just as war criminals develop new methods of eluding law's historic grasp, so criminal law flexibly devises novel responses to their stratagems. Mark Osiel examines several such legal innovations in international jurisprudence and proposes still others.
