The Archival Politics of International Courts

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Publisher : Cambridge University Press
ISBN 13 : 1108956688
Total Pages : 247 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis The Archival Politics of International Courts by : Henry Alexander Redwood

Download or read book The Archival Politics of International Courts written by Henry Alexander Redwood and published by Cambridge University Press. This book was released on 2021-08-26 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The archives produced by international courts have received little empirical, theoretical or methodological attention within international criminal justice (ICJ) or international relations (IR) studies. Yet, as this book argues, these archives both contain a significant record of past violence, and also help to constitute the international community as a particular reality. As such, this book first offers an interdisciplinary reading of archives, integrating new insights from IR, archival science and post-colonial anthropology to establish the link between archives and community formation. It then focuses on the International Criminal Tribunal for Rwanda's archive, to offer a critical reading of how knowledge is produced in international courts, provides an account of the type of international community that is imagined within these archives, and establishes the importance of the materiality of archives for understanding how knowledge is produced and contested within the international domain.

The Archival Politics of International Courts

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Author :
Publisher : Cambridge University Press
ISBN 13 : 110884474X
Total Pages : 247 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Archival Politics of International Courts by : Henry Alexander Redwood

Download or read book The Archival Politics of International Courts written by Henry Alexander Redwood and published by Cambridge University Press. This book was released on 2021-08-26 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers the first analysis of international courts' archives and of how these constitute the international community as a particular reality.

Power and Principle

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Author :
Publisher : Cornell University Press
ISBN 13 : 1501708414
Total Pages : 222 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Power and Principle by : Christopher Rudolph

Download or read book Power and Principle written by Christopher Rudolph and published by Cornell University Press. This book was released on 2017-04-18 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world’s most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.

Beyond Evidence

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Publisher : Routledge
ISBN 13 : 9781032197418
Total Pages : 0 pages
Book Rating : 4.1/5 (974 download)

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Book Synopsis Beyond Evidence by : Julia Viebach

Download or read book Beyond Evidence written by Julia Viebach and published by Routledge. This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume provides conceptual critiques of the transitional justice paradigm and innovations in providing a new lens on archival practices in transitional justice.

Temporary Courts, Permanent Records

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Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Temporary Courts, Permanent Records by : Trudy Huskamp Peterson

Download or read book Temporary Courts, Permanent Records written by Trudy Huskamp Peterson and published by . This book was released on 2006 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Courts and their records -- The role of the United Nations -- Users and records of the courts -- Need for an international judicial archives -- Appraising court records -- Evidence -- Access to court records -- Conclusion -- Recommendations.

Affective Justice

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Publisher : Duke University Press
ISBN 13 : 1478007389
Total Pages : 220 pages
Book Rating : 4.4/5 (78 download)

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Book Synopsis Affective Justice by : Kamari Maxine Clarke

Download or read book Affective Justice written by Kamari Maxine Clarke and published by Duke University Press. This book was released on 2019-11-15 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.

Political Trials in Theory and History

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Publisher : Cambridge University Press
ISBN 13 : 1108107656
Total Pages : 451 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Political Trials in Theory and History by : Jens Meierhenrich

Download or read book Political Trials in Theory and History written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2017-02-27 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.

Marketing Global Justice

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Publisher : Cambridge University Press
ISBN 13 : 1108482759
Total Pages : 331 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Marketing Global Justice by : Christine Schwöbel-Patel

Download or read book Marketing Global Justice written by Christine Schwöbel-Patel and published by Cambridge University Press. This book was released on 2021-05-06 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: A political economy analysis that explains international criminal law's hegemonic status in the understanding of global justice.

International Legal Argument in the Permanent Court of International Justice

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Publisher : Cambridge University Press
ISBN 13 : 1139442686
Total Pages : 539 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis International Legal Argument in the Permanent Court of International Justice by : Ole Spiermann

Download or read book International Legal Argument in the Permanent Court of International Justice written by Ole Spiermann and published by Cambridge University Press. This book was released on 2005-01-06 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.

Archives and Human Rights

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Author :
Publisher : Routledge
ISBN 13 : 0429620144
Total Pages : 288 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Archives and Human Rights by : Jens Boel

Download or read book Archives and Human Rights written by Jens Boel and published by Routledge. This book was released on 2021-02-09 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why and how can records serve as evidence of human rights violations, in particular crimes against humanity, and help the fight against impunity? Archives and Human Rights shows the close relationship between archives and human rights and discusses the emergence, at the international level, of the principles of the right to truth, justice and reparation. Through a historical overview and topical case studies from different regions of the world the book discusses how records can concretely support these principles. The current examples also demonstrate how the perception of the role of the archivist has undergone a metamorphosis in recent decades, towards the idea that archivists can and must play an active role in defending basic human rights, first and foremost by enabling access to documentation on human rights violations. Confronting painful memories of the past is a way to make the ghosts disappear and begin building a brighter, more serene future. The establishment of international justice mechanisms and the creation of truth commissions are important elements of this process. The healing begins with the acknowledgment that painful chapters are essential parts of history; archives then play a crucial role by providing evidence. This book is both a tool and an inspiration to use archives in defence of human rights. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/ISBN, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Stay the Hand of Vengeance

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Publisher : Princeton University Press
ISBN 13 : 1400851718
Total Pages : 435 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Stay the Hand of Vengeance by : Gary Jonathan Bass

Download or read book Stay the Hand of Vengeance written by Gary Jonathan Bass and published by Princeton University Press. This book was released on 2014-04-28 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: International justice has become a crucial part of the ongoing political debates about the future of shattered societies like Bosnia, Kosovo, Rwanda, Cambodia, and Chile. Why do our governments sometimes display such striking idealism in the face of war crimes and atrocities abroad, and at other times cynically abandon the pursuit of international justice altogether? Why today does justice seem so slow to come for war crimes victims in the Balkans? In this book, Gary Bass offers an unprecedented look at the politics behind international war crimes tribunals, combining analysis with investigative reporting and a broad historical perspective. The Nuremberg trials powerfully demonstrated how effective war crimes tribunals can be. But there have been many other important tribunals that have not been as successful, and which have been largely left out of today's debates about international justice. This timely book brings them in, using primary documents to examine the aftermath of the Napoleonic Wars, World War I, the Armenian genocide, World War II, and the recent wars in the former Yugoslavia. Bass explains that bringing war criminals to justice can be a military ordeal, a source of endless legal frustration, as well as a diplomatic nightmare. The book takes readers behind the scenes to see vividly how leaders like David Lloyd George, Winston Churchill, Franklin Roosevelt, and Bill Clinton have wrestled with these agonizing moral dilemmas. The book asks how law and international politics interact, and how power can be made to serve the cause of justice. Bass brings new archival research to bear on such events as the prosecution of the Armenian genocide, presenting surprising episodes that add to the historical record. His sections on the former Yugoslavia tell--with important new discoveries--the secret story of the politicking behind the prosecution of war crimes in Bosnia, drawing on interviews with senior White House officials, key diplomats, and chief prosecutors at the war crimes tribunal for the former Yugoslavia. Bass concludes that despite the obstacles, legalistic justice for war criminals is nonetheless worth pursuing. His arguments will interest anyone concerned about human rights and the pursuit of idealism in international politics.

Domestic Politics and International Human Rights Tribunals

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Publisher : Cambridge University Press
ISBN 13 : 1107040221
Total Pages : 207 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Domestic Politics and International Human Rights Tribunals by : Courtney Hillebrecht

Download or read book Domestic Politics and International Human Rights Tribunals written by Courtney Hillebrecht and published by Cambridge University Press. This book was released on 2014-02-10 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: International politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.

The Nuremberg Military Tribunals and the Origins of International Criminal Law

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Author :
Publisher : Oxford University Press on Demand
ISBN 13 : 0199554315
Total Pages : 528 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Nuremberg Military Tribunals and the Origins of International Criminal Law by : Kevin Jon Heller

Download or read book The Nuremberg Military Tribunals and the Origins of International Criminal Law written by Kevin Jon Heller and published by Oxford University Press on Demand. This book was released on 2011-06-23 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive legal analysis of the twelve war-crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMT). The judgments these Tribunals produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand genocide, crimes against humanity, and the crime of aggression. The trials are of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than the main Nuremberg Trial (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMT, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'. This book starts by tracing the history of the NMT. It then discusses the law and procedure applied by the NMT, with a focus on the important differences between Control Council Law No. 10 and the Nuremberg Charter and on the protection of the defendants' right to a fair trial. The third section, the heart of the book, provides a systematic analysis of the NMT's jurisprudence. It covers Law No. 10's core crimes, crimes against peace, war crimes, and crimes against humanity, as well as the crimes of conspiracy and membership of a criminal organization. This section also analyzes the general principles of liability that the Tribunals applied and on the defenses they did -and did not- recognize. The final section of the book deals with the aftermath of the trials and their historical legacy.

The Limits of Judicial Independence

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Publisher : Cambridge University Press
ISBN 13 : 1139492314
Total Pages : 357 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Limits of Judicial Independence by : Tom S. Clark

Download or read book The Limits of Judicial Independence written by Tom S. Clark and published by Cambridge University Press. This book was released on 2010-11-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.

The Ghostwriters

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Publisher : Cambridge University Press
ISBN 13 : 1009084445
Total Pages : 391 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis The Ghostwriters by : Tommaso Pavone

Download or read book The Ghostwriters written by Tommaso Pavone and published by Cambridge University Press. This book was released on 2022-04-07 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is often depicted as a cradle of judicial activism and a polity built by courts. Tommaso Pavone shows how this judge-centric narrative conceals a crucial arena for political action. Beneath the radar, Europe's political development unfolded as a struggle between judges who resisted European law and lawyers who pushed them to embrace change. Under the sheepskin of rights-conscious litigants and activist courts, these “Euro-lawyers” sought clients willing to break state laws conflicting with European law, lobbied national judges to uphold European rules, and propelled them to submit noncompliance cases to the European Union's supreme court – the European Court of Justice – by ghostwriting their referrals. By shadowing lawyers who encourage deliberate law-breaking and mobilize courts against their own governments, The Ghostwriters overturns the conventional wisdom regarding the judicial construction of Europe and illuminates how the politics of lawyers can profoundly impact institutional change and transnational governance.

Archival Silences

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Publisher : Routledge
ISBN 13 : 100038523X
Total Pages : 222 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Archival Silences by : Michael Moss

Download or read book Archival Silences written by Michael Moss and published by Routledge. This book was released on 2021-05-10 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Archival Silences demonstrates emphatically that archival absences exist all over the globe. The book questions whether benign ‘silence’ is an appropriate label for the variety of destructions, concealment and absences that can be identified within archival collections. Including contributions from archivists and scholars working around the world, this truly international collection examines archives in Australia, Brazil, Denmark, England, India, Iceland, Jamaica, Malawi, The Philippines, Scotland, Turkey and the United States. Making a clear link between autocratic regimes and the failure to record often horrendous crimes against humanity, the volume demonstrates that the failure of governments to create records, or to allow access to records, appears to be universal. Arguing that this helps to establish a hegemonic narrative that excludes the ‘other’, this book showcases the actions historians and archivists have taken to ensure that gaps in archives are filled. Yet the book also claims that silences in archives are inevitable and argues not only that recordkeeping should be mandated by international courts and bodies, but that we need to develop other ways of reading archives broadly conceived to compensate for absences. Archival Silences addresses fundamental issues of access to the written record around the world. It is directed at those with a concern for social justice, particularly scholars and students of archival studies, history, sociology, international relations, international law, business administration and information science.

Shari‘a, Inshallah

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Publisher : Cambridge University Press
ISBN 13 : 1108832784
Total Pages : 391 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Shari‘a, Inshallah by : Mark Fathi Massoud

Download or read book Shari‘a, Inshallah written by Mark Fathi Massoud and published by Cambridge University Press. This book was released on 2021-05-27 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shari'a, Inshallah shows how people have used shari'a to struggle for peace, justice, and human rights in Somalia and Somaliland.