The Contribution Of The Rwanda Tribunal To The Development Of International Law

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The Contribution of the Rwanda Tribunal to the Development of International Law /cby L.J. Van Den Herik

Author : L. J. Van Den Herik
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900414580X
Total Pages : 373 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Contribution of the Rwanda Tribunal to the Development of International Law /cby L.J. Van Den Herik by : L. J. Van Den Herik

Download or read book The Contribution of the Rwanda Tribunal to the Development of International Law /cby L.J. Van Den Herik written by L. J. Van Den Herik and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a thorough analysis of the establishment and the Statute of the International Criminal Tribunal for Rwanda. Furthermore, it gives insight into how the Rwanda Tribunal has operated in practice during its first ten years and it examines the case law on the three major international crimes: genocide, crimes against humanity and war crimes. The author provides a balanced judgement of the contribution of the Rwanda Tribunal towards the development of international criminal law, emphasizing its strong points, in particular the case law on genocide, but also exposing its weaknesses in terms of legal reasoning. The author also demonstrates the inherent limits of the Rwanda Tribunal due to the political and social situation within Rwanda and due to its own Statute.

The Legacy of Ad Hoc Tribunals in International Criminal Law

Author : Milena Sterio
Publisher : Cambridge University Press
ISBN 13 : 9781108404990
Total Pages : 0 pages
Book Rating : 4.4/5 (49 download)

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Book Synopsis The Legacy of Ad Hoc Tribunals in International Criminal Law by : Milena Sterio

Download or read book The Legacy of Ad Hoc Tribunals in International Criminal Law written by Milena Sterio and published by Cambridge University Press. This book was released on 2019-02-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the post-Nuremberg era two of the most important developments in international criminal law are the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). Created through UN Security Council resolutions, with specific mandates to prosecute those responsible for serious violations of international humanitarian law, the ICTY and the ICTR played crucial roles in the development of international criminal law. Through a series of chapters written by leading authorities in the field, The Legacy of Ad Hoc Tribunals in International Criminal Law addresses the history of the ICTY and the ICTR, and the important aspects of the tribunals' accomplishments. From examining the groundwork laid by the ICTY and the ICTR for greater international attention to crimes against humanity to the establishment of the International Criminal Courts, this volume provides a comprehensive overview of the impact and lasting roles of these tribunals.

Promoting Accountability under International Law for Gross Human Rights Violations in Africa

Author : Charles Chernor Jalloh
Publisher : BRILL
ISBN 13 : 9004271759
Total Pages : 657 pages
Book Rating : 4.0/5 (42 download)

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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 2015-07-14 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 is pre-eminently a study on the work and contribution of the first international judicial mechanism, the International Criminal Tribunal for Rwanda (ICTR), devoted exclusively to challenging impunity for serious international crimes committed in Africa. This volume is dedicated to the eminent international jurist Justice Hassan Bubacar Jallow, the Tribunal’s longest serving Chief Prosecutor and the first prosecutor of the United Nations Mechanism for International Criminal Tribunals. The noted scholar and practitioner contributors discuss various aspects of the law, jurisprudence and practice of the Tribunal over its twenty year existence, while also drawing lessons for current and future international courts such as the International Criminal Court. Themes covered include the role of the international prosecutor; the prosecution of sexual and gender-based crimes; the relationship between national and international courts; the role of other international institutions in challenging impunity; and the role of African languages in international criminal trials. Given its wide ranging substantive coverage, this book will be invaluable to anyone interested in criminal justice, human rights and humanitarian law whether in Africa or other parts of the world.

The Concept of Mens Rea in International Criminal Law

Author : Mohamed Elewa Badar
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250662
Total Pages : 413 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Concept of Mens Rea in International Criminal Law by : Mohamed Elewa Badar

Download or read book The Concept of Mens Rea in International Criminal Law written by Mohamed Elewa Badar and published by Bloomsbury Publishing. This book was released on 2013-01-30 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.

Principles of International Criminal Law

Author : Gerhard Werle
Publisher : Oxford University Press
ISBN 13 : 0198703597
Total Pages : 711 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Principles of International Criminal Law by : Gerhard Werle

Download or read book Principles of International Criminal Law written by Gerhard Werle and published by Oxford University Press. This book was released on 2014 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.

The Elgar Companion to the International Criminal Tribunal for Rwanda

Author : Anne-Marie de Brouwer
Publisher : Edward Elgar Publishing
ISBN 13 : 1784711705
Total Pages : 534 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis The Elgar Companion to the International Criminal Tribunal for Rwanda by : Anne-Marie de Brouwer

Download or read book The Elgar Companion to the International Criminal Tribunal for Rwanda written by Anne-Marie de Brouwer and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice.

Assessing the Legacy of the ICTY

Author : Richard H. Steinberg
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004186247
Total Pages : 345 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Assessing the Legacy of the ICTY by : Richard H. Steinberg

Download or read book Assessing the Legacy of the ICTY written by Richard H. Steinberg and published by Martinus Nijhoff Publishers. This book was released on 2011-05-23 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays assesses the legacy established by the most important international criminal tribunal since the Nuremberg and Tokyo war crimes trials, and considers what might be done to enhance or modify the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), including improvement of the capacity of state courts in the region to prosecute violations of humanitarian law by using the Tribunal’s documents, evidence, law, and practice.

International Law and Justice

Author : John R. Rowan
Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis International Law and Justice by : John R. Rowan

Download or read book International Law and Justice written by John R. Rowan and published by . This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected from the papers presented at the twenty-third International Social Philosophy Conference held in July of 2006 at University of Victoria in Victoria, British Columbia --Preface.

Transitional Justice in Rwanda

Author : Gerald Gahima
Publisher : Routledge
ISBN 13 : 0415522781
Total Pages : 434 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis Transitional Justice in Rwanda by : Gerald Gahima

Download or read book Transitional Justice in Rwanda written by Gerald Gahima and published by Routledge. This book was released on 2013 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.

Protecting Humanity

Author : Chile Eboe-Osuji
Publisher : BRILL
ISBN 13 : 9004189572
Total Pages : 908 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Protecting Humanity by : Chile Eboe-Osuji

Download or read book Protecting Humanity written by Chile Eboe-Osuji and published by BRILL. This book was released on 2010-09-24 with total page 908 pages. Available in PDF, EPUB and Kindle. Book excerpt: Navi Pillay is a modern icon in the world’s efforts to protect humanity through international law and policy. She played a leading role in the multi-national operation to clean up the humanitarian dross left on the essence of modern civilization by the Rwandan Genocide of 1994. Her contributions in that effort were in virtue of her role as a judge—and, eventually, as the President—of the International Criminal Tribunal for Rwanda. From there, she went on to serve as one of the first appeal judges at the newly established International Criminal Court—another international endeavour aimed at protecting humanity through law. In time, she was fittingly appointed the United Nations High Commissioner for Human Rights, just ahead of a call to honour her with a book of essays in international law and policy, for the contributions that she had already made in the international enterprise of protecting humanity. Inspired by Pillay, some of the modern legends and experts in international law and policy have, in this volume, shared their experiences and thoughts on how better to protect humanity in our time. In the book, we read the wise words of Nobel laureates and other envoys of peace, renowned international judges and famous scholars, as well as those of energetic younger minds with great promise. Some chapters are in French.

The International Tribunal for the Law of the Sea

Author : P. Chandrasekhara Rao
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041116017
Total Pages : 264 pages
Book Rating : 4.1/5 (16 download)

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Book Synopsis The International Tribunal for the Law of the Sea by : P. Chandrasekhara Rao

Download or read book The International Tribunal for the Law of the Sea written by P. Chandrasekhara Rao and published by Martinus Nijhoff Publishers. This book was released on 2001-07-06 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the constitution, jurisdiction and procedure of the International Tribunal for the Law of the Sea on the basis of its Statute and Rules, as well as the Resolution on the Internal Judicial Practice and the Guidelines concerning the Preparation and Presentation of Cases. It gives a critical analysis of the role of the Tribunal in the settlement of law of the sea disputes. The articles were previously published in the "Indian Journal of" "International Law" and are revised, edited and updated for this edition. The contributors are sitting judges of the Tribunal and the book thus gives a perfect insider's view of the law and practice of the Tribunal.

Judicial Creativity at the International Criminal Tribunals

Author : Shane Darcy
Publisher : Oxford University Press
ISBN 13 : 0199591466
Total Pages : 433 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Judicial Creativity at the International Criminal Tribunals by : Shane Darcy

Download or read book Judicial Creativity at the International Criminal Tribunals written by Shane Darcy and published by Oxford University Press. This book was released on 2010-12-16 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the work of the International Criminal Tribunals for the Former Yogoslavia and Rwanda draws to a close, this edited collection appraises their impact. It particularly focuses on the position of judges as lawmakers within these tribunals, shedding light on the profound changes in international criminal law which these judges have instigated.

The International Criminal Tribunal for Rwanda

Author : Virginia Morris
Publisher :
ISBN 13 :
Total Pages : 592 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The International Criminal Tribunal for Rwanda by : Virginia Morris

Download or read book The International Criminal Tribunal for Rwanda written by Virginia Morris and published by . This book was released on 1998 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: Treatment, the authors of the oft-cited Insider's Guide to the International Criminal Tribunal for the Former Yugoslavia provide a meticulously documented analysis of the legal instruments & precedents governing the work of the Rwanda Tribunal. They examine the multitude of extraordinary new issues raised by the Rwanda Tribunal & assess its important contribution to the identification of crimes that may fall under international jurisdiction. Volume 2 contains an invaluable collection of the constitutive & interpretative documents of the Tribunal.

The Sierra Leone Special Court and its Legacy

Author : Charles Chernor Jalloh
Publisher : Cambridge University Press
ISBN 13 : 1107470617
Total Pages : 823 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis The Sierra Leone Special Court and its Legacy by : Charles Chernor Jalloh

Download or read book The Sierra Leone Special Court and its Legacy written by Charles Chernor Jalloh and published by Cambridge University Press. This book was released on 2013-12-16 with total page 823 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Special Court for Sierra Leone (SCSL) is the third modern international criminal tribunal supported by the United Nations and the first to be situated where the crimes were committed. This timely, important and comprehensive book is the first to critically assess the impact and legacy of the SCSL for Africa and international criminal law. Contributors include leading scholars and respected practitioners with inside knowledge of the tribunal, who analyze cutting-edge and controversial issues with significant implications for international criminal law and transitional justice. These include joint criminal enterprise; forced marriage; enlisting and using child soldiers; attacks against United Nations peacekeepers; the tension between truth commissions and criminal trials in the first country to simultaneously have the two; and the questions of whether it is permissible under international law for states to unilaterally confer blanket amnesties to local perpetrators of universally condemned international crimes.

The Elgar Companion to the International Criminal Court

Author : Margaret deGuzman
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368230
Total Pages : 448 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis The Elgar Companion to the International Criminal Court by : Margaret deGuzman

Download or read book The Elgar Companion to the International Criminal Court written by Margaret deGuzman and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Companion examines the achievements and challenges of the International Criminal Court (ICC), the world’s first permanent international criminal tribunal. It provides an overview of the first two decades of the ICC’s existence, investigating the dominant narratives and counter-narratives that have emerged about the institution and its work.

International Courts and Tribunals

Author : William Schabas
Publisher :
ISBN 13 : 9781782547778
Total Pages : 0 pages
Book Rating : 4.5/5 (477 download)

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Book Synopsis International Courts and Tribunals by : William Schabas

Download or read book International Courts and Tribunals written by William Schabas and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law.

Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited

Author : Yuki Tanaka
Publisher : BRILL
ISBN 13 : 9004215913
Total Pages : 436 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited by : Yuki Tanaka

Download or read book Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited written by Yuki Tanaka and published by BRILL. This book was released on 2011-06-09 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives. Several of the essays in the collection are based on the authors’ extensive archival research in Japan, Australia, the United States and New Zealand, providing rich insights into Japanese societal attitudes towards the Trial, biological experimentation by the Japanese Army in China, as well as the trial of Korean prison guards and prosecutions for rape and sexual assault in the post-war period. Some of the essays deal with particular participants in the Trial, examining the role of individual judges, and the selection of defendants and the decision not to prosecute the Emperor. Other essays analyse the Trial from a legal perspective, and address its impact on concepts such as command responsibility, conspiracy and war crimes. The majority of the essays seek to identify and address some of the ‘forgotten crimes’ in the Tokyo Trial. These include crimes committed in China and Korea (particularly the activities of the infamous Unit 731), crimes committed against comfort women, and crimes associated with the atomic bombings of Hiroshima and Nagasaki, the conventional firebombing of other Japanese cities and the illicit drug trade in China. Finally, the collection includes a number of essays which consider the importance of studying the Tokyo Trial and its contemporary relevance. These issues include an examination of the way in which academics have ‘written’ the Trial over the last 60 years, and an analysis of some of the lessons that can be drawn for international trials in the future.