The Right To The Truth In International Law

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The Right to The Truth in International Law

Author : Melanie Klinkner
Publisher : Routledge
ISBN 13 : 1317335082
Total Pages : 287 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis The Right to The Truth in International Law by : Melanie Klinkner

Download or read book The Right to The Truth in International Law written by Melanie Klinkner and published by Routledge. This book was released on 2019-07-26 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.

The Right to The Truth in International Law

Author : Melanie Klinkner
Publisher : Routledge
ISBN 13 : 9780367726867
Total Pages : 254 pages
Book Rating : 4.7/5 (268 download)

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Book Synopsis The Right to The Truth in International Law by : Melanie Klinkner

Download or read book The Right to The Truth in International Law written by Melanie Klinkner and published by Routledge. This book was released on 2021-03-31 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.

The Right to the Truth in International Law

Author : Melanie Klinkner
Publisher :
ISBN 13 : 9781138961449
Total Pages : 0 pages
Book Rating : 4.9/5 (614 download)

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Book Synopsis The Right to the Truth in International Law by : Melanie Klinkner

Download or read book The Right to the Truth in International Law written by Melanie Klinkner and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the emergence, development and application of the 'right to truth' as a response to an understanding of the needs of victims in two legal contexts: international human rights law and international criminal justice.

The Oxford Handbook of International Criminal Law

Author : Darryl Robinson
Publisher : Oxford University Press
ISBN 13 : 0192558889
Total Pages : 896 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of International Criminal Law by : Darryl Robinson

Download or read book The Oxford Handbook of International Criminal Law written by Darryl Robinson and published by Oxford University Press. This book was released on 2020-02-24 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

Law and Memory

Author : Uladzislau Belavusau
Publisher : Cambridge University Press
ISBN 13 : 110718875X
Total Pages : 461 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Law and Memory by : Uladzislau Belavusau

Download or read book Law and Memory written by Uladzislau Belavusau and published by Cambridge University Press. This book was released on 2017-10-19 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.

The Power and Purpose of International Law

Author : Mary Ellen O'Connell
Publisher : Oxford University Press
ISBN 13 : 9780199831029
Total Pages : 408 pages
Book Rating : 4.8/5 (31 download)

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Book Synopsis The Power and Purpose of International Law by : Mary Ellen O'Connell

Download or read book The Power and Purpose of International Law written by Mary Ellen O'Connell and published by Oxford University Press. This book was released on 2011-05-10 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.

International Law and the Politics of History

Author : Anne Orford
Publisher : Cambridge University Press
ISBN 13 : 1108480942
Total Pages : 395 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Law and the Politics of History by : Anne Orford

Download or read book International Law and the Politics of History written by Anne Orford and published by Cambridge University Press. This book was released on 2021-08-05 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.

International Law of Victims

Author : Carlos Fernández de Casadevante Romani
Publisher : Springer Science & Business Media
ISBN 13 : 3642281400
Total Pages : 279 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis International Law of Victims by : Carlos Fernández de Casadevante Romani

Download or read book International Law of Victims written by Carlos Fernández de Casadevante Romani and published by Springer Science & Business Media. This book was released on 2012-07-11 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states’ obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.

The Customary International Law of Human Rights

Author : William A. Schabas
Publisher : Oxford University Press
ISBN 13 : 0192845691
Total Pages : 433 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis The Customary International Law of Human Rights by : William A. Schabas

Download or read book The Customary International Law of Human Rights written by William A. Schabas and published by Oxford University Press. This book was released on 2021 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive account of the emergence of the customary law of human rights. It examines a range of human rights norms, and provides a useful guide to identifying those which can be described as customary.

International Law and Reparations

Author : Claudio Grossman
Publisher : Clarity Press
ISBN 13 : 0997896582
Total Pages : 897 pages
Book Rating : 4.9/5 (978 download)

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Book Synopsis International Law and Reparations by : Claudio Grossman

Download or read book International Law and Reparations written by Claudio Grossman and published by Clarity Press. This book was released on 2018-02-24 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the most thorough analysis to date on the jurisprudence of the Inter-American Court of Human Rights (IACtHR) concerning full reparations. This jurisprudence interprets Article 63 of the American Convention on Human Rights. In its interpretation of the Convention, the IACtHR is guided by the important notion that human rights instruments should be interpreted in light of its object and purpose, in accordance with the State members of the Organization of the American States. The Court’s jurisprudence ensures that victims of human rights violations are awarded not only monetary compensation in cases, but also a full array of reparations designed to restore their dignity and reaffirm the value of the rule of law. Accordingly, reparation also includes moral compensation, guarantees of non repetition, and truth as a measure of satisfaction. More specifically, the book explores the notions of “fair remedy,” “injured party,” and the possibility of achieving “restitutio in integrum” for human rights violations through an analysis of decisions issued by the Inter-American Court. The book urges its reader to consider not only the current status of the law, but also the role played by victims, lawyers, Commissioners, and Judges in its jurisprudential development. As a living instrument, the value of the American Convention depends in great part on their actions and decisions. This book, by presenting the role of the different actors through concrete cases that shaped the system, encourages everyone to think how the System should continue to satisfy the aspirations of justice in cases of human rights violations.

Searching for Truth in the Transitional Justice Movement

Author : Jamie Rowen
Publisher : Cambridge University Press
ISBN 13 : 1107108764
Total Pages : 195 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Searching for Truth in the Transitional Justice Movement by : Jamie Rowen

Download or read book Searching for Truth in the Transitional Justice Movement written by Jamie Rowen and published by Cambridge University Press. This book was released on 2017-08-11 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book re-imagines transitional justice as a movement, and explains why truth commissions are promoted and created. By exploring how the movement developed, as well as efforts to create truth commissions in the Balkans, Colombia, and the US, it examines the processes through which political actors translate transitional justice into political action.

Truth Claims

Author : Mark Bradley
Publisher : Rutgers University Press
ISBN 13 : 9780813530529
Total Pages : 300 pages
Book Rating : 4.5/5 (35 download)

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Book Synopsis Truth Claims by : Mark Bradley

Download or read book Truth Claims written by Mark Bradley and published by Rutgers University Press. This book was released on 2002 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exhibiting Terror: Lindsay French

Transparency in International Law

Author : Andrea Bianchi
Publisher : Cambridge University Press
ISBN 13 : 1107470242
Total Pages : 650 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Transparency in International Law by : Andrea Bianchi

Download or read book Transparency in International Law written by Andrea Bianchi and published by Cambridge University Press. This book was released on 2013-11-07 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.

Child Soldiers as Agents of War and Peace

Author : Leonie Steinl
Publisher : Springer
ISBN 13 : 9462652015
Total Pages : 421 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Child Soldiers as Agents of War and Peace by : Leonie Steinl

Download or read book Child Soldiers as Agents of War and Peace written by Leonie Steinl and published by Springer. This book was released on 2017-08-19 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims. While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers, children and armed conflict, as well as international criminal law, transitional justice, juvenile justice, restorative justice, children’s rights, and international human rights law. Secondly, professionals working on issues of transitional justice, juvenile justice, international criminal law, children’s rights, and the reintegration of child soldiers will also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Law of the Humboldt-Universität in Berlin.

International Law: A Very Short Introduction

Author : Vaughan Lowe
Publisher : OUP Oxford
ISBN 13 : 0191576204
Total Pages : 144 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis International Law: A Very Short Introduction by : Vaughan Lowe

Download or read book International Law: A Very Short Introduction written by Vaughan Lowe and published by OUP Oxford. This book was released on 2015-11-26 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

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.

Remedies in International Human Rights Law

Author : Dinah Shelton
Publisher : Oxford University Press, USA
ISBN 13 : 0199588821
Total Pages : 513 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Remedies in International Human Rights Law by : Dinah Shelton

Download or read book Remedies in International Human Rights Law written by Dinah Shelton and published by Oxford University Press, USA. This book was released on 2015 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dinah Shelton provides a comprehensive treatment of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. The text provides a theoretical framework and a practical guide for lawyers, judges, and academics interested in human rights law.