The Reparative Effects Of Human Rights Trials

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The Reparative Effects of Human Rights Trials

Author : Rosario Figari Layus
Publisher : Routledge
ISBN 13 : 1351627627
Total Pages : 222 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis The Reparative Effects of Human Rights Trials by : Rosario Figari Layus

Download or read book The Reparative Effects of Human Rights Trials written by Rosario Figari Layus and published by Routledge. This book was released on 2017-08-07 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice in domestic courts is one of the most prominent aims of victims seeking to obtain accountability for human rights violations. It is, however, also one of the most difficult to achieve. In many Latin American countries, as well as elsewhere, activists have put human rights prosecutions forward as a fundamental means to end impunity, build democracy, strengthen the rule of law and address victims’ rights. But there is still little knowledge about what actually happens when these judicial mechanisms are effectively put to work. Can prosecutions of mass human rights violations contribute to overcome the effects of state violence and impunity? Can trials enable meaningful reparative changes for victims in their local contexts? Analysing the human rights trials in Argentina established to prosecute those responsible for human rights violations during the military dictatorship, this book addresses how and why domestic prosecutions can operate as a means for reparation and contribute to dealing with the damage caused by crimes against humanity. Based on a series of interviews conducted with victims participating in these prosecutions, as well as with lawyers, prosecutors, judges and other relevant actors in five provinces of Argentina, this book will be of considerable interest to those studying and working in the interdisciplinary field of transitional justice and human rights. The PhD thesis on which this book was based was awarded with the 2016 Doctoral Studies Award of the Philipps University of Marburg in Germany.

The right to a remedy and to reparation for gross human rights violations : a practitioners' guide

Author : Cordula Dröge
Publisher :
ISBN 13 : 9789290371069
Total Pages : 0 pages
Book Rating : 4.3/5 (71 download)

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Book Synopsis The right to a remedy and to reparation for gross human rights violations : a practitioners' guide by : Cordula Dröge

Download or read book The right to a remedy and to reparation for gross human rights violations : a practitioners' guide written by Cordula Dröge and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reparations for Victims of Armed Conflict

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

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

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

Realizing Reparative Justice for International Crimes

Author : Miriam Cohen
Publisher : Cambridge University Press
ISBN 13 : 1108597084
Total Pages : 287 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Realizing Reparative Justice for International Crimes by : Miriam Cohen

Download or read book Realizing Reparative Justice for International Crimes written by Miriam Cohen and published by Cambridge University Press. This book was released on 2020-07-02 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a timely and systematic study of reparations in international criminal justice, going beyond a theoretical analysis of the system established at the International Criminal Court (ICC). It originally engages with recent decisions and filings at the ICC relating to reparation and how the criminal and reparative dimensions of international criminal justice can be reconciled. This book is equally innovative in its extensive treatment of the significant challenges of adjudicating on reparations, and proposing recommendations based on concrete experiences. With recent and imminent decisions from the ICC, and developments in national courts and beyond, Miriam Cohen provides a critical analysis of the theory and emerging jurisprudence of reparations for international crimes, their impact on victims and stakeholders.

Human Rights and Justice for All

Author : Carrie Booth Walling
Publisher : Routledge
ISBN 13 : 1000536807
Total Pages : 150 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Human Rights and Justice for All by : Carrie Booth Walling

Download or read book Human Rights and Justice for All written by Carrie Booth Walling and published by Routledge. This book was released on 2022-02-16 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights is an empowering framework for understanding and addressing justice issues at local, domestic, and international levels. This book combines US-based case studies with examples from other regions of the world to explore important human rights themes – the equality, universality, and interdependence of human rights, the idea of international crimes, strategies of human rights change, and justice and reconciliation in the aftermath of human rights violations. From Flint and Minneapolis to Xinjiang and Mt. Sinjar, this book challenges a wide variety of readers – students, professors, activists, human rights professionals, and concerned citizens – to consider how human rights apply to their own lives and equip them to be changemakers in their own communities.

The Impact of Human Rights Prosecutions

Author : Ulrike Capdepón
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.

The Handbook of Reparations

Author : Pablo De Greiff
Publisher : Oxford University Press
ISBN 13 : 0199545707
Total Pages : 1055 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Handbook of Reparations by : Pablo De Greiff

Download or read book The Handbook of Reparations written by Pablo De Greiff and published by Oxford University Press. This book was released on 2008 with total page 1055 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive study of reparation programmes, containing a blend of case-study analysis, thematic papers and national legislation documents from leading scholars and practitioners.

Coercive Human Rights

Author : Laurens Lavrysen
Publisher : Bloomsbury Publishing
ISBN 13 : 1509937889
Total Pages : 465 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Coercive Human Rights by : Laurens Lavrysen

Download or read book Coercive Human Rights written by Laurens Lavrysen and published by Bloomsbury Publishing. This book was released on 2020-11-12 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.

Gender in Human Rights and Transitional Justice

Author : John Idriss Lahai
Publisher : Springer
ISBN 13 : 3319542028
Total Pages : 272 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Gender in Human Rights and Transitional Justice by : John Idriss Lahai

Download or read book Gender in Human Rights and Transitional Justice written by John Idriss Lahai and published by Springer. This book was released on 2017-07-12 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume counters one-sided dominant discursive representations of gender in human rights and transitional justice, and women’s place in the transformations of neoliberal human rights, and contributes a more balanced examination of how transitional justice and human rights institutions, and political institutions impact the lives and experiences of women. Using a multidisciplinary approach, the contributors to this volume theorize and historicize the place of women’s rights (and gender), situating it within contemporary country-specific political, legal, socio-cultural and global contexts. Chapters examine the progress and challenges facing women (and women’s groups) in transitioning countries: from Peru to Argentina, from Kenya to Sierra Leone, and from Bosnia to Sri Lanka, in a variety of contexts, attending especially to the relationships between local and global forces

Historical Dictionary of Human Rights

Author : Jacques Fomerand
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1538123061
Total Pages : 973 pages
Book Rating : 4.5/5 (381 download)

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Book Synopsis Historical Dictionary of Human Rights by : Jacques Fomerand

Download or read book Historical Dictionary of Human Rights written by Jacques Fomerand and published by Rowman & Littlefield Publishers. This book was released on 2021-02-25 with total page 973 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Historical Dictionary of Human Rights explores both the theory and the practice of international human rights with a focus on the norms and institutions that make up the “architecture” of the global human rights regime and the tools, processes and procedures through which such norms are realized and “enforced.” Particular attention is given to the contextual political and sociological factors that shape and constrain the operation and functioning of international human rights institutions and their state and non-state actors. This is done through a chronology, an introduction, and an extensive bibliography. The dictionary section has more than 1.000 cross-referenced entries on terminology, conventions, treaties, intergovernmental organizations in the United Nations, and non-governmental organizations, as well as some of the pioneers and defenders. This book is an excellent resource for students, researchers, and anyone wanting to know more about human rights.

Fairness and the Goals of International Criminal Trials

Author : Caleb H Wheeler
Publisher : Taylor & Francis
ISBN 13 : 1000854841
Total Pages : 170 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Fairness and the Goals of International Criminal Trials by : Caleb H Wheeler

Download or read book Fairness and the Goals of International Criminal Trials written by Caleb H Wheeler and published by Taylor & Francis. This book was released on 2023-04-28 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a ground-breaking, interdisciplinary study into the various goals assigned to international criminal trials. It starts from the proposition that no hierarchy exists amongst the different goals meaning that trials should strive to achieve all of them in equal measure. This is made difficult by the fact that not all of these goals are compatible and the fulfilment of one may lead to others going unmet. Therefore, a balance must be found if the goals of trial are to be achieved at all. The book posits that fairness should serve as the guiding principle when weighing the different trial goals against one another. It is argued that without fairness international and internationalised criminal courts and tribunals lack legitimacy and without legitimacy they lack effectiveness. The book concludes that international criminal trials must adopt procedures that emphasise fairness to all of the parties and trial participants if they wish to accomplish any of the goals set for them. Each chapter is devoted to identifying and explaining a different trial goal, providing analysis of how that particular goal functions in conjunction with the other goals, and discussing the ways in which a fairness-oriented trial model will help achieve those goals. The book provides a dynamic understanding of the different trial goals and the importance of fairness in the trial process by drawing on research from a variety of different legal disciplines while also incorporating scholarship rooted in criminology, political theory, international relations, and psychology. The book will be essential reading for researchers, academics and professionals working in the areas of International Criminal Law, Public International Law and Transitional Justice.

Lawyers in Conflict and Transition

Author : Kieran McEvoy
Publisher : Cambridge University Press
ISBN 13 : 1009234374
Total Pages : 437 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Lawyers in Conflict and Transition by : Kieran McEvoy

Download or read book Lawyers in Conflict and Transition written by Kieran McEvoy and published by Cambridge University Press. This book was released on 2022-03-17 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries undergoing or recovering from conflict and authoritarianism often face profound rule of law challenges. The law on the statute books may be repressive, judicial independence may be compromised, and criminal justice agencies may be captured by powerful interests. How do lawyers working within such settings imagine the law? How do they understand their ethical obligations towards their clients and the rule of law? What factors motivate them to use their legal practice and social capital to challenge repressive power? What challenges and risks can they face if they do so? And when do lawyers facilitate or acquiesce to illegality and injustice? Drawing on over 130 interviews from Cambodia, Chile, Israel, Palestine, South Africa, and Tunisia, this book explores the extent to which theoretical understandings within law and society research on the motivations, strategies, tactics, and experiences of lawyers within democratic states apply to these more challenging environments.

Judicial Responsibility and Coups d’État

Author : Kriangsak Kittichaisaree
Publisher : Taylor & Francis
ISBN 13 : 1000836290
Total Pages : 265 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Judicial Responsibility and Coups d’État by : Kriangsak Kittichaisaree

Download or read book Judicial Responsibility and Coups d’État written by Kriangsak Kittichaisaree and published by Taylor & Francis. This book was released on 2023-02-10 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the responsibility of judges of domestic courts following unconstitutional usurpation of power of government (coups d’état). It explores judges’ liability for failing to discharge their judicial duty independently and impartially, and the criminality of usurpers and their accomplices and collaborators for their violation of fundamental rights and freedoms or commission of crimes of international concern. Written by a highly regarded non-Western author, the book is coherent and meticulously researched, covering an approach to coups in an insightful and fascinating fashion. It includes a sophisticated and thorough analysis of the relevant comparative jurisprudence of domestic and international courts, with concrete examples of the best practices among decisions of domestic courts in countries that have experienced coups d’état. With an increasing global interest in the phenomenon of coups, democratic backsliding and the place and role of the judiciary as the only hope to rein in acts of unconstitutional usurpation of power, the book will be essential reading for members of the legal profession, those cherishing democracy as well as students and researchers in constitutional law, law and political science, public international law, international human rights law, international criminal law, regime changes, transitional justice and international organizations.

Resistance to Political Violence in Latin America

Author : Oriana Bernasconi
Publisher : Springer
ISBN 13 : 3030170462
Total Pages : 258 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Resistance to Political Violence in Latin America by : Oriana Bernasconi

Download or read book Resistance to Political Violence in Latin America written by Oriana Bernasconi and published by Springer. This book was released on 2019-05-22 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes state terror documentation as a form of peaceful resistance to oppressive regimes through substantial research in human rights archives that registered violations perpetrated by Augusto Pinochet’s dictatorship in Chile. The contributors provide in-depth analysis on state violence documentation, denunciation and resistance and how it affected civilians, activists and victims. Additionally, the project introduces research in transitional contexts (post-dictatorship, post-apartheid and post-colonialism) showing the role of documentation practices in achieving truth, reparation and justice. This work will be relevant to academics, students and researchers in the fields of political science, political history, Latin American and memory studies.

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

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

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

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

Vigilantes beyond Borders

Author : Mette Eilstrup-Sangiovanni
Publisher : Princeton University Press
ISBN 13 : 0691232245
Total Pages : 248 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Vigilantes beyond Borders by : Mette Eilstrup-Sangiovanni

Download or read book Vigilantes beyond Borders written by Mette Eilstrup-Sangiovanni and published by Princeton University Press. This book was released on 2022-04-05 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: How and why NGOs are increasingly taking independent and direct action in global law enforcement, from human rights to the environment Nongovernmental organizations (NGOs) have generally served as advocates and service providers, leaving enforcement to states. Now, NGOs are increasingly acting as private police, prosecutors, and intelligence agencies in enforcing international law. NGOs today can be found investigating and gathering evidence; suing and prosecuting governments, companies, and individuals; and even catching lawbreakers red-handed. Examining this trend, Vigilantes beyond Borders considers why some transnational groups have opted to become enforcers of international law regarding such issues as human rights, the environment, and corruption, while others have not. Three factors explain the rise of vigilante enforcement: demand, supply, and competition. Governments commit to more international laws, but do a poor job of policing them, leaving a gap and creating demand. Legal and technological changes make it easier for nonstate actors to supply enforcement, as in the instances of NGOs that have standing to use domestic and international courts, or smaller NGOs that employ satellite imagery, big data analysis, and forensic computing. As the growing number of NGOs vie for limited funding and media attention, smaller, more marginal, groups often adopt radical strategies like enforcement. Looking at the workings of major organizations, including Amnesty International, Greenpeace, and Transparency International, as well as smaller players, such as Global Witness, the Sea Shepherd Conservation Society, and Bellingcat, Vigilantes beyond Borders explores the causes and consequences of a novel, provocative approach to global governance.

Seeking Human Rights Justice in Latin America

Author : Jeffrey Davis
Publisher : Cambridge University Press
ISBN 13 : 0521514363
Total Pages : 257 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis Seeking Human Rights Justice in Latin America by : Jeffrey Davis

Download or read book Seeking Human Rights Justice in Latin America written by Jeffrey Davis and published by Cambridge University Press. This book was released on 2014 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies how victims of human rights violations in Latin America, their families, and their advocates work to overcome entrenched impunity and seek legal justice. Their struggles show that legal justice is a multifaceted process, the overarching purpose of which is to restore human dignity and prevent further violence. Uncovering, revealing, and proving the truth are essential elements of legal justice, and are also powerful tools to activate the process. When faced with stubborn impunity at home, victims, families, and advocates can carry on their work for legal justice by bringing cases in courts in other countries or in the Inter-American human rights system. These extra-territorial courts can jumpstart the process of legal justice at home. Seeking Human Rights Justice in Latin America examines the political and legal struggle through the lens of the human story at the heart of these cases.