The Struggle Against Enforced Disappearance And The 2007 United Nations Convention

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The Struggle Against Enforced Disappearance and the 2007 United Nations Convention

Author : Tullio Scovazzi
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900416149X
Total Pages : 453 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Struggle Against Enforced Disappearance and the 2007 United Nations Convention by : Tullio Scovazzi

Download or read book The Struggle Against Enforced Disappearance and the 2007 United Nations Convention written by Tullio Scovazzi and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enforced disappearance is one of the most serious human rights violations. It constitutes an autonomous offence and a crime under international law on account of its multiple and continuing character. It is not a phenomenon of the past, nor is it geographically limited to Latin America: such scourge is widespread today and on the increase in other continents. For more than twenty-five years, relatives of disappeared people worldwide have insisted on the pressing need for an international legally binding instrument against enforced disappearances. 2006 is the year of the adoption of the International Convention on the Protection of All Persons from Enforced Disappearances, which represents the result of several legislative and jurisprudential developments that are duly analyzed in this book. The Convention has been opened for signature in February 2007.

Enforced Disappearances in International Human Rights

Author : María Fernanda Pérez Solla
Publisher : McFarland
ISBN 13 : 0786423250
Total Pages : 249 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Enforced Disappearances in International Human Rights by : María Fernanda Pérez Solla

Download or read book Enforced Disappearances in International Human Rights written by María Fernanda Pérez Solla and published by McFarland. This book was released on 2006-03-03 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: It was from Argentina, in the years 1976 to 1983, that the world heard the cries of the families of los desaparecidos, the disappeared--20,000 to 30,000 people made to vanish forever by official sleight of hand. In the years since, the scope and range of governmentally sanctioned kidnappings has spread exponentially, making enforced disappearances a truly global problem. This volume provides an in-depth legal investigation of involuntary disappearances as defined by national and international law. Beginning with a detailed discussion of what constitutes an enforced disappearance, it goes on to consider how various international organizations such as the United Nations view this problem. Using the Multiple Rights Approach, enforced disappearances are examined as a violation of internationally defined basic rights such as the right to personal freedom, the right to protection against torture and the right to a judicial remedy. Viewpoints of the Inter-American Court of Human Rights and the European System of Protection are scrutinized with special consideration regarding the international laws applicable to the problem. The availability (or lack thereof) of restitution and compensation for material damage, mental and physical anguish, and loss of opportunity is also addressed. Finally, the work considers the need for a comprehensive and coherent framework when dealing with enforced disappearances.

Asian Yearbook of International Law

Author : B.S. Chimni
Publisher : Routledge
ISBN 13 : 1134030215
Total Pages : 390 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Asian Yearbook of International Law by : B.S. Chimni

Download or read book Asian Yearbook of International Law written by B.S. Chimni and published by Routledge. This book was released on 2009-06-02 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 1991, the Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective, under the auspices of the Foundation for the Development of International Law in Asia (DILA). It is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Yearbook provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook normally contains articles and shorter notes; a section on State practice; an overview of Asian states participation in multilateral treaties; succinct analysis of recent international legal developments in Asia; an agora section devoted to critical perspectives on international law issues; surveys of the activities of international organizations òf special relevance to Asia; and book review, bibliography and documents sections. It will be of interest to students and academics interested in international law and Asian studies.

Disappearances in Mexico

Author : Silvana Mandolessi
Publisher : Routledge
ISBN 13 : 1000539474
Total Pages : 217 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Disappearances in Mexico by : Silvana Mandolessi

Download or read book Disappearances in Mexico written by Silvana Mandolessi and published by Routledge. This book was released on 2022-01-27 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an interdisciplinary analysis of the practice of disappearances in Mexico, from the period of the so-called ‘dirty war’ to the current crisis of disappearances associated with the country’s ‘war on drugs’, during which more than 80,000 people have disappeared. The volume brings together contributions by distinguished scholars from Mexico, Argentina and Europe, who focus their chapters on four broad axes of enquiry. In Part I, chapters examine the phenomenon of disappearances in its historical and present-day forms, and the struggles for memory around the disappeared in Mexico with reference to Argentina. Part II addresses the political dimensions of disappearances, focusing on the specificities that this practice acquires in the context of the counterinsurgency struggle of the 1970s and the so-called ‘war on drugs’. The third section situates the issue within the framework of human rights law by examining the conceptual and legal aspects of disappearances. The final chapters explore the social movement of the relatives of the disappeared, showing how their search for disappeared loved ones involves bodily and affective experiences as well as knowledge production. The volume thus aims to further our understanding of the crisis of disappearances in Mexico without, however, losing sight of the historic origins of the phenomenon.

The Right not to Be Subjected to Enforced Disappearance

Author : Ioanna Pervou
Publisher : Springer Nature
ISBN 13 : 3031367316
Total Pages : 222 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis The Right not to Be Subjected to Enforced Disappearance by : Ioanna Pervou

Download or read book The Right not to Be Subjected to Enforced Disappearance written by Ioanna Pervou and published by Springer Nature. This book was released on 2023-09-25 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a distinctive approach to the right not to be subjected to enforced disappearance. Over the last decade, the entry into force of the UN Convention for the Protection of All Persons from Enforced Disappearance has brought to the forefront of legal discussion the need to effectively address the practice of disappearance. Yet, there are still obstacles to combatting it, which are in part due to a limited understanding of the right’s underlying concept, content and scope. This book examines the phenomenon and definition of enforced disappearance and sheds new light on the right against disappearance. Presenting a doctrinal appraisal of the norm’s legal value, it suggests that the right against enforced disappearance holds a customary value, while also arguing that it has since attained a jus cogens status. Lastly, it examines in detail the rights to truth and reparation and how regional and national courts have interpreted these norms. It assesses the UN Convention’s dynamics and considers whether the lack of a right against disappearance embedded in regional human rights systems affects individuals’ protection. The book provides an overview of key jurisprudence on disappearances, making it of benefit to both practitioners and theorists of international law.

The Inter-American Court of Human Rights

Author : Laurence Burgorgue-Larsen
Publisher : OUP UK
ISBN 13 : 0199588783
Total Pages : 948 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Inter-American Court of Human Rights by : Laurence Burgorgue-Larsen

Download or read book The Inter-American Court of Human Rights written by Laurence Burgorgue-Larsen and published by OUP UK. This book was released on 2011-04-07 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.

The Conflict in Syria and the Failure of International Law to Protect People Globally

Author : Jeremy Julian Sarkin
Publisher : Routledge
ISBN 13 : 1000471837
Total Pages : 306 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis The Conflict in Syria and the Failure of International Law to Protect People Globally by : Jeremy Julian Sarkin

Download or read book The Conflict in Syria and the Failure of International Law to Protect People Globally written by Jeremy Julian Sarkin and published by Routledge. This book was released on 2021-11-29 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores, through the lens of the conflict in Syria, why international law and the United Nations have failed to halt conflict and massive human rights violations in many places around the world which has allowed tens of millions of people to be killed and hundreds of millions more to be harmed. The work presents a critical socio-legal analysis of the failures of international law and the United Nations (UN) to deal with mass atrocities and conflict. It argues that international law, in the way it is set up and operates, falls short in dealing with these issues in many respects. The argument is that international law is state-centred rather than victim-friendly, is, to some extent, outdated, is vague and often difficult to understand and, therefore, at times, hard to apply. While various accountability processes have come to the fore recently, processes do not exist to assist individual victims while the conflict occurs or the abuses are being perpetrated. The book focuses on the problems of international law and the UN and, in the context of the many enforced disappearances and arbitrary detentions in Syria, why nothing has been done to deal with a rogue state that has regularly violated international law. It examines why the responsibility to protect (R2P) has not been applied and why it ought to be used, generally, and in Syria. It uses the Syrian context to evaluate the weaknesses of the system and why reform is needed. It examines the UN institutional mechanisms, the role they play and why a civilian protection system is needed. It examines what mechanism ought to be set up to deal with the possible one million people who have been disappeared and detained in Syria. The book will be a valuable resource for students, academics and policy-makers working in the areas of public international law, international human rights law, political science and peace and security studies.

Research Handbook on Human Rights and Humanitarian Law

Author : Robert Kolb
Publisher : Edward Elgar Publishing
ISBN 13 : 1781006075
Total Pages : 699 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Research Handbook on Human Rights and Humanitarian Law by : Robert Kolb

Download or read book Research Handbook on Human Rights and Humanitarian Law written by Robert Kolb and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This volume by Robert Kolb and Gloria Gaggioli, contributed by some of the most renowned experts in the field, devotes an impressive amount of legal analysis to the most diverse aspects of the interplay between international humanitarian law and international human rights law in situations of violence, in theory and practice. It is bound to become an indispensable tool for scholars and practitioners alike.' Marco Pedrazzi, University of Milan, ItalyThis fascinating Handbook explores the interplay between international human rights law and international humanitarian law, offering expert analysis on the increasingly complex issues surrounding their application in conflict areas across the world. Contributors to this volume provide a comprehensive treatment of the ongoing relationship between human rights law and humanitarian law, from the historical background and origins of the two bodies of law to their various applications today. Divided into four parts Historical Background, Common Issues, The Need for a Combined Approach, and Monitoring Mechanisms the Handbook presents a rich and varied spectrum of original research and thought from some of the brightest minds in the field.This groundbreaking volume will surely have great appeal for anyone with a professional or academic interest in human rights law and humanitarian law, from students to professors to practitioners in the field.

Oppenheim's International Law: United Nations

Author : Rosalyn Higgins
Publisher : Oxford University Press
ISBN 13 : 0192537180
Total Pages : pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Oppenheim's International Law: United Nations by : Rosalyn Higgins

Download or read book Oppenheim's International Law: United Nations written by Rosalyn Higgins and published by Oxford University Press. This book was released on 2018-12-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.

Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law

Author : Antônio Augusto Cançado Trindade
Publisher : BRILL
ISBN 13 : 9004340041
Total Pages : 780 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law by : Antônio Augusto Cançado Trindade

Download or read book Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law written by Antônio Augusto Cançado Trindade and published by BRILL. This book was released on 2017-02-28 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current volume supplements Volume 1 and 2 of The Construction of a Humanized International Law, which contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade (1991-2013), former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Volume 3 brings these texts up to date till 2015. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade ́s major doctrinal contribution. His great achievement at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations.

The Right to Truth in International Human Rights Law

Author : Julia Kertesz
Publisher : Editora Dialética
ISBN 13 : 6559567168
Total Pages : 336 pages
Book Rating : 4.5/5 (595 download)

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Book Synopsis The Right to Truth in International Human Rights Law by : Julia Kertesz

Download or read book The Right to Truth in International Human Rights Law written by Julia Kertesz and published by Editora Dialética. This book was released on 2021-05-27 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book addresses the right to truth in the field of international human rights law. The objective is to verify the outlines of this right that make it unique, and which justify its own (disputable) existence in the human rights scenario as a legally binding norm. Departing from a historical perspective of the emergence of this right in International Law, the intent is to analyze the multiple debates that have marked the development of the right to truth throughout the past decades. It is explored, therefore, how the a priori abstract notion of truth became a right and the strict relation this has with the social mobilizations of victims of gross violations of human rights. To accomplish this, the book spans across the struggle, in particular, of the relatives of disappeared victims during the 1970's and 1980's when the dictatorships reigned in Latin America. It follows on the expansion of the right to truth during what has been known as the fight against impunity, until it reaches the main human rights courts. To finalize, it discusses the inclusion of the right to truth in the International Convention on the Protection of All Persons from Enforced Disappearance and the measures more commonly used to realize such right. In the book, it is concluded that the right to truth carries a singularity that is crucial for the protection of victims of gross human rights violations.

The Delivery of Human Rights

Author : Geoff Gilbert
Publisher : Routledge
ISBN 13 : 1136919538
Total Pages : 280 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis The Delivery of Human Rights by : Geoff Gilbert

Download or read book The Delivery of Human Rights written by Geoff Gilbert and published by Routledge. This book was released on 2010-09-13 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Delivery of Human Rights reflects on two overlapping issues in international human rights law: how can existing norms be better implemented and effected, and how can other branches of international law or other international actors be used so as to provide an improved delivery of those norms. Rather than simply looking at the content of the rights, this book will also explore how the framers’ intention that individuals benefit from the norms can be achieved. The book is written and published in honour of Professor Sir Nigel Rodley KBE. It celebrates his career as an academic and practitioner in the area of human rights. Professor Rodley acted as the UN Special Rapporteur on Torture from 1993 to 2001 and is currently a member of the UN Human Rights Committee. He is also a member of the International Commission of Jurists. Since 2001 he has been a Member of the UN Human Rights Committee, established under the International Covenant on Civil and Political Rights. In 1998 he was knighted in the Queen's New Year's Honours list for services to Human Rights and International Law and in 2000 he received an honorary LLD from Dalhousie University. He is Professor and Chair of the Human Rights Centre, University of Essex, having taught there since 1990. The contributors to this volume are notable experts in the area of human rights law and include Paul Hunt, Malcolm Evans, Michael O’Flaherty and David Weissbrodt. The book addresses such topics as the Role of Special Rapporteurs, how can the absolute prohibition of torture be properly implemented, Responsibility to Protect, non-state actors, including businesses, and human rights.

International Law

Author : Malcolm N. Shaw
Publisher : Cambridge University Press
ISBN 13 : 1108808832
Total Pages : 1311 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Law by : Malcolm N. Shaw

Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2021-07-22 with total page 1311 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law is the definitive and authoritative text on the subject. It has long been established as a leading authority in the field, offering an unbeatable combination of clarity of expression and academic rigour, ensuring understanding and analysis in an engaging and authoritative style. Explaining the leading rules, practice and caselaw, this treatise retains and develops the detailed referencing which encourages and assists the reader in further study. This new edition has been fully updated to reflect recent developments. In particular, it has expanded the treatment of space law and of international economic law, and introduced new sections on cyber operations and cyber warfare, as well as reflecting the Covid-19 crisis. Both clarifying fundamental principles and facilitating additional research, International Law is invaluable for students and for those occupied in private practice, governmental service and international organisations.

Amnesty, Serious Crimes and International Law

Author : Josepha Close
Publisher : Routledge
ISBN 13 : 1351180215
Total Pages : 293 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Amnesty, Serious Crimes and International Law by : Josepha Close

Download or read book Amnesty, Serious Crimes and International Law written by Josepha Close and published by Routledge. This book was released on 2019-05-16 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.

International Human Rights Law in a Global Context

Author : Felipe Gómez Isa
Publisher : Universidad de Deusto
ISBN 13 : 8498308135
Total Pages : 974 pages
Book Rating : 4.4/5 (983 download)

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Book Synopsis International Human Rights Law in a Global Context by : Felipe Gómez Isa

Download or read book International Human Rights Law in a Global Context written by Felipe Gómez Isa and published by Universidad de Deusto. This book was released on 2009-01-01 with total page 974 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international human rights system remains as dynamic as ever. If at the end of the last century there was a sense that the normative and institutional development of the system had been completed and that the emphasis should shift to issues of implementation, nothing of the sort occurred. Even over the last few years significant changes happened, as this book amply demonstrates. We hope that this Manual makes a contribution to the development of International Human Rights Law and is of interest for those working in the field of promotion and protection of human rights. The book is the result of a joint project under the auspices of HumanitarianNet, a Thematic Network led by the University of Deusto, and the European Inter-University Centre for Human Rights and Democratisation (EIUC, Venice).

The UN Human Rights Treaty System

Author : Suzanne Egan
Publisher : Bloomsbury Publishing
ISBN 13 : 1784518573
Total Pages : 592 pages
Book Rating : 4.7/5 (845 download)

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Book Synopsis The UN Human Rights Treaty System by : Suzanne Egan

Download or read book The UN Human Rights Treaty System written by Suzanne Egan and published by Bloomsbury Publishing. This book was released on 2016-11-25 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Human Rights Treaty System: Law and Procedure examines the core UN human rights treaties that form the framework of international human rights law. This book describes the development of each treaty, along with the substantive rights enshrined in them, and analyses the nature and functions of their respective monitoring bodies. Topics discussed include periodic reporting procedures, investigative procedures and individual complaint procedures, with supporting case law analysed in great detail. This practical and indispensable reference resource: - Guides you through the structure of each of the core UN human rights treaties, explaining both the substance of the rights and the various procedures which may be drawn upon to implement those rights - Explains in detail how each of these procedures may be accessed, as well as critiquing their operation in practice - Covers a wide number of areas including civil and political rights generally, racial and gender-based discrimination and the prohibition against torture - Discusses proposals for reform of the UN human rights treaty monitoring system and the implications of these reforms The UN Human Rights Treaty System: Law and Procedure has been written for practitioners and students of human rights law in the UK, Ireland and abroad. Government bodies, non-governmental organisations, national human rights institutions and charities will also find this a great resource.

Forging a Convention for Crimes against Humanity

Author : Leila Nadya Sadat
Publisher : Cambridge University Press
ISBN 13 : 1139495828
Total Pages : 595 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Forging a Convention for Crimes against Humanity by : Leila Nadya Sadat

Download or read book Forging a Convention for Crimes against Humanity written by Leila Nadya Sadat and published by Cambridge University Press. This book was released on 2011-03-28 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.