The European Court of Human Rights as a Pathway to Impunity for International Crimes

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Publisher : Springer Science & Business Media
ISBN 13 : 3642107990
Total Pages : 317 pages
Book Rating : 4.6/5 (421 download)

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Book Synopsis The European Court of Human Rights as a Pathway to Impunity for International Crimes by : Sonja C. Grover

Download or read book The European Court of Human Rights as a Pathway to Impunity for International Crimes written by Sonja C. Grover and published by Springer Science & Business Media. This book was released on 2010-04-05 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition...The Court’s role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this “inevitable element of judicial interpretation” has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.

Anti-Impunity and the Human Rights Agenda

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Publisher : Cambridge University Press
ISBN 13 : 110707987X
Total Pages : 401 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Anti-Impunity and the Human Rights Agenda by : Karen Engle

Download or read book Anti-Impunity and the Human Rights Agenda written by Karen Engle and published by Cambridge University Press. This book was released on 2016-12-15 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.

The African Criminal Court

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Publisher : Springer
ISBN 13 : 9462651507
Total Pages : 349 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The African Criminal Court by : Gerhard Werle

Download or read book The African Criminal Court written by Gerhard Werle and published by Springer. This book was released on 2016-11-29 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

The International Criminal Court

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Publisher : Routledge
ISBN 13 : 1351146386
Total Pages : 508 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis The International Criminal Court by : Olympia Bekou

Download or read book The International Criminal Court written by Olympia Bekou and published by Routledge. This book was released on 2017-11-28 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of the International Criminal Court (ICC) in 1998 represented an important step in the international effort to repress genocide, war crimes and crimes against humanity. As there has been enormous scholarly discussion of the ICC, it is difficult and time-consuming to obtain the best writing on the subject. This volume collects the foremost analyses of each part of the ICC to form a convenient reference tool for all those wishing to understand perhaps the most important legal development of the past two decades.

The African Court of Justice and Human and Peoples' Rights in Context

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Publisher : Cambridge University Press
ISBN 13 : 110842273X
Total Pages : 1199 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The African Court of Justice and Human and Peoples' Rights in Context by : Charles C. Jalloh

Download or read book The African Court of Justice and Human and Peoples' Rights in Context written by Charles C. Jalloh and published by Cambridge University Press. This book was released on 2019-05-16 with total page 1199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

The International Criminal Court

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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?

Environmental Health in International and EU Law

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Publisher : Routledge
ISBN 13 : 1000762041
Total Pages : 388 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Environmental Health in International and EU Law by : Stefania Negri

Download or read book Environmental Health in International and EU Law written by Stefania Negri and published by Routledge. This book was released on 2019-12-09 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a broad overview of the many intersections between health and the environment that lie at the basis of the most crucial environmental health issues, focusing on the responses provided by international and EU law. Consistent with the One Health approach and moving from the relevant international and EU legal frameworks, the book addresses some of the most important issues of environmental health including the traditional, such as pollution of air, water and soil and related food safety issues, as well as new and emerging challenges, like those linked to climate change, antimicrobial resistance and electromagnetic fields. Applying an intersectoral and interdisciplinary approach, it also investigates other branches of international and EU law including human rights law, investment law, trade law, energy law and disaster law. The work also discusses ethics and intergenerational equity. Ultimately, the book assesses the degree of effectiveness of the international and EU normative framework, and the extent to which the relevant legal instruments contribute to the protection of public health from major environmental hazards. The book will be a valuable resource for students, academics and policy makers working in the areas of Environmental Health law, Global Health law, International law and EU law.

UN Territorial Administration and Human Rights

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Publisher : Routledge
ISBN 13 : 1351593234
Total Pages : 246 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis UN Territorial Administration and Human Rights by : Gjylbehare Bella Murati

Download or read book UN Territorial Administration and Human Rights written by Gjylbehare Bella Murati and published by Routledge. This book was released on 2020-04-30 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration by analysing and assessing the practice of UNMIK. It provides arguments based on law and principles to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely, its legislative, judicial, and executive power. The author offers an extensive and well-documented analysis of the UN’s capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community’s objective to efficiently promote, protect, and fulfil human rights in a war-torn society. UN Territorial Administration and Human Rights provides a detailed critical legal analysis of one of the major UN administrations of territory after the Cold War, namely, the UN administration of Kosovo from 1999 to 2008. The analysis in this book will be beneficial to international law and international relations scholars and students, as well as policymakers and persons working for international organisations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding state institutions while upholding the rule of law and ensuring respect for human rights.

Judicial Activism and the Democratic Rule of Law

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Publisher : Springer Nature
ISBN 13 : 3030350851
Total Pages : 283 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Judicial Activism and the Democratic Rule of Law by : Sonja C. Grover

Download or read book Judicial Activism and the Democratic Rule of Law written by Sonja C. Grover and published by Springer Nature. This book was released on 2020-02-17 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.

The International Criminal Court and Africa

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Publisher :
ISBN 13 : 9781780684178
Total Pages : 0 pages
Book Rating : 4.6/5 (841 download)

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Book Synopsis The International Criminal Court and Africa by : Evelyn A. Ankumah

Download or read book The International Criminal Court and Africa written by Evelyn A. Ankumah and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the ICC can be said to contribute to criminal justice in Africa, it cannot be denied that the relationship between the Court and the continent has been troublesome. The ICC has been accused of targeting Africa, and many African states do not seem willing to cooperate with the Court. Debates on Africa and international criminal justice are increasingly politicised.

Invisible Atrocities

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Publisher : Cambridge University Press
ISBN 13 : 1108487416
Total Pages : 313 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Invisible Atrocities by : Randle C. DeFalco

Download or read book Invisible Atrocities written by Randle C. DeFalco and published by Cambridge University Press. This book was released on 2022-03-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.

The Politics of Gender Justice at the International Criminal Court

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Publisher : Oxford University Press
ISBN 13 : 019992791X
Total Pages : 299 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Politics of Gender Justice at the International Criminal Court by : Louise A. Chappell

Download or read book The Politics of Gender Justice at the International Criminal Court written by Louise A. Chappell and published by Oxford University Press. This book was released on 2016 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the gender justice design features of the Rome Statute (the foundation of the International Criminal Court), and assessing the effectiveness of the statute's implementation in the first decade of the court's operation. Chappell argues that although the ICC has provided mixed outcomes for gender justice, there have also been a number of important breakthroughs, particularly in regards to support for female judges.

The Concept of Cultural Genocide

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Publisher : Oxford University Press
ISBN 13 : 0191090913
Total Pages : 289 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Concept of Cultural Genocide by : Elisa Novic

Download or read book The Concept of Cultural Genocide written by Elisa Novic and published by Oxford University Press. This book was released on 2016-10-13 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.

The Impact of Human Rights Prosecutions

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Publisher : Leuven University Press
ISBN 13 : 9462702497
Total Pages : 247 pages
Book Rating : 4.4/5 (627 download)

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Book Synopsis The Impact of Human Rights Prosecutions by : Ulrike Capdepón

Download or read book The Impact of Human Rights Prosecutions written by Ulrike Capdepón and published by Leuven University Press. This book was released on 2020-11-16 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: New perspectives on human rights prosecutions in various regional contexts Human rights prosecutions are the most prominent mechanisms that victims demand to obtain accountability. Dealing with a legacy of gross human rights violations presents opportunities to enhance the right to justice and promote a more equal application of criminal law, a fundamental condition for a more substantive democracy in societies. This book seeks to analyse the impact, advances, and difficulties of prosecuting perpetrators of mass atrocities at national and international levels. What role does criminal justice play in redressing victims’ wrongs, guaranteeing the non-repetition of mass atrocities, and attempting to overcome the damage caused by systematic human rights violations? This volume addresses critical issues in the field of human rights prosecution by drawing on the experiences of a variety of post-conflict and authoritarian countries covering three world regions. Contributing authors cover prosecutions in post-Nazi Germany, post-Communist Romania, and transnational legal complaints by victims of the Franco dictatorship, as well as domestic and third-country prosecutions for human rights violations in the pioneering South American countries of Argentina, Chile, Peru, and Uruguay, prosecutions in Darfur and Kenya, and the work of the International Criminal Court. The Impact of Human Rights Prosecutions offers insights into the difficulties human rights trials face in different contexts and regions, and also illustrates the development of these legal procedures over time. The volume will be of interest to human rights scholars as well as legal practitioners, participants, justice system actors, and policy makers.

Genocide, Ethnonationalism, and the United Nations

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Publisher : Routledge
ISBN 13 : 1136298002
Total Pages : 371 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis Genocide, Ethnonationalism, and the United Nations by : Hannibal Travis

Download or read book Genocide, Ethnonationalism, and the United Nations written by Hannibal Travis and published by Routledge. This book was released on 2013-01-17 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Genocide, Ethnonationalism, and the United Nations examines a series of related crises in human civilization growing out of conflicts between powerful states or empires and indigenous or stateless peoples. This is the first book to attempt to explore the causes of genocide and other mass killing by a detailed exploration of UN archives covering the period spanning from 1945 through 2011. Hannibal Travis argues that large states and empires disproportionately committed or facilitated genocide and other mass killings between 1945 and 2011. His research incorporates data concerning factors linked to the scale of mass killing, and recent findings in human rights, political science, and legal theory. Turning to potential solutions, he argues that the concept of genocide imagines a future system of global governance under which the nation-state itself is made subject to law. The United Nations, however, has deflected the possibility of such a cosmopolitical law. It selectively condemns genocide and has established an institutional structure that denies most peoples subjected to genocide of a realistic possibility of global justice, lacks a robust international criminal tribunal or UN army, and even encourages "security" cooperation among states that have proven to be destructive of peoples in the past. Questions raised include: What have been the causes of mass killing during the period since the United Nations Charter entered into force in 1945? How does mass killing spread across international borders, and what is the role of resource wealth, the arms trade, and external interference in this process? Have the United Nations or the International Criminal Court faced up to the problem of genocide and other forms of mass killing, as is their mandate?

The Right to a Fair Trial in International Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0198808399
Total Pages : 1057 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Right to a Fair Trial in International Law by : Amal Clooney

Download or read book The Right to a Fair Trial in International Law written by Amal Clooney and published by Oxford University Press, USA. This book was released on 2021-02-11 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.

The United Nations Principles to Combat Impunity

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Publisher : Oxford University Press
ISBN 13 : 0198743602
Total Pages : 481 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The United Nations Principles to Combat Impunity by : Frank Haldemann

Download or read book The United Nations Principles to Combat Impunity written by Frank Haldemann and published by Oxford University Press. This book was released on 2018 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading experts in the field, this volume provides comprehensive academic commentary on the UN Principles to Combat Impunity. The book features the text of each of the 38 Principles, along with a full analysis, detailed commentary, and a guide to relevant literature and case law.