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Victims Atrocity And International Criminal Justice
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Book Synopsis Victims, Atrocity and International Criminal Justice by : Rachel Killean
Download or read book Victims, Atrocity and International Criminal Justice written by Rachel Killean and published by Routledge. This book was released on 2018-07-03 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: While international criminal courts have often been declared as bringing ‘justice’ to victims, their procedures and outcomes historically showed little reflection of the needs and interests of victims themselves. This situation has changed significantly over the last sixty years; victims are increasingly acknowledged as having various ‘rights’, while their need for justice has been deployed as a means of justifying the establishment of international criminal courts. However, it is arguable that the goals of political and legal elites continue to be given precedence, and the ability of courts to deliver ‘justice to victims’ remains contested. This book contributes to this important debate through an examination of the role of victims as civil parties within the Extraordinary Chambers in the Courts of Cambodia. Drawing on a series of interviews with civil parties, court practitioners and civil society actors, the book explores the way in which both the ECCC and the role of victims within it are shaped by specific political, economic and legal contexts; examining the ‘gap’ between the legitimising value of the ‘imagined victim’, and the extent to which victims are able to further their interests within the courtroom.
Book Synopsis Essays on International Criminal Justice by : Héctor Olásolo
Download or read book Essays on International Criminal Justice written by Héctor Olásolo and published by Bloomsbury Publishing. This book was released on 2012-01-09 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crimes of atrocity have profound and long-lasting effects on any society. The difference between triggering and preventing these tragic crimes often amounts to the choice between national potential preserved or destroyed. It is also important to recognise that they are not inevitable: the commission of these crimes requires a collective effort, an organisational context, and long planning and preparation. Thus, the idea of strengthening preventative action has taken on greater relevance, and is now encompassed in the emerging notion of 'responsibility to prevent'. International courts and tribunals contribute to this effort by ending impunity for past crimes. Focusing investigations and prosecution on the highest leadership maximises the impact of this contribution. The ICC has an additional preventative mandate which is fulfilled by its timely intervention in the form of preliminary examinations. Moreover, when situations of atrocity crimes are triggered, its complementarity regime incentivises states to stop violence and comply with their duties to investigate and prosecute, thus strengthening the rule of law at the national level. The new role granted to victims by the Rome Statute is key to the ICC ́s successful fulfilment of these functions. This new book of essays, which includes the author's unpublished inaugural lecture at Utrecht University, examines these issues and places particular emphasis on the additional preventative mandate of the ICC, the ICC complementarity regime, the new role granted to victims, and the prosecution of the highest leadership through the notion of indirect perpetration. 'The work of Professor Olasolo breaks new ground in the academic field of international criminal law, as an analysis of the system as a whole. I therefore wish to express my congratulations for this work.' From the Foreword by Luis Moreno Ocampo Prosecutor, International Criminal Court, The Hague, 27 April 2011 '[Professor Hector Olasolo's] compilation provides an enormous source of easy reference to students, academia and legal actors in the field of international law. A look at the titles compiled in this volume demonstrates the present challenges to international criminal justice'. From the Preliminary Reflections by Elizabeth Odio Benito Judge and Former Vice-President, International Criminal Court, The Hague, May 2011 'This collection, written by a brilliant and prolific scholar and practitioner of international criminal justice, is an insightful and important contribution to the existing literature...Each chapter in this collection is copiously footnoted and thoroughly researched, making it an important reference tool for scholars and practitioners in the field. Additionally and importantly, the chapters explore, without polemic, areas of controversy and dissent and thoughtfully and scrupulously set forth arguments for and against particular doctrinal choices.' From the Introduction by Leila Nadya Sadat Henry H Oberschelp Professor of Law and Director, Whitney R Harris World Law Institute, Washington University School of Law; Alexis de Tocqueville Distinguished Fulbright Chair, Université de Cergy-Pontoise, Paris, Spring 2011
Book Synopsis Victims' Rights and Advocacy at the International Criminal Court by : T. Markus Funk
Download or read book Victims' Rights and Advocacy at the International Criminal Court written by T. Markus Funk and published by Oxford University Press, USA. This book was released on 2015 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: North American law has been transformed in ways unimaginable before 9/11. Laws now authorise and courts have condoned indefinite detention without charge on secret evidence, mass secret surveillance, and targeted killing of U.S. citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality. This book demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion in a specific belief that 9/11 was the harbinger of a new order of terror.
Book Synopsis Justice for Victims before the International Criminal Court by : Luke Moffett
Download or read book Justice for Victims before the International Criminal Court written by Luke Moffett and published by Routledge. This book was released on 2014-06-27 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.
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.
Book Synopsis Victims of International Crimes: An Interdisciplinary Discourse by : Thorsten Bonacker
Download or read book Victims of International Crimes: An Interdisciplinary Discourse written by Thorsten Bonacker and published by Springer Science & Business Media. This book was released on 2013-07-09 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.
Book Synopsis The Realities of International Criminal Justice by : Dawn L. Rothe
Download or read book The Realities of International Criminal Justice written by Dawn L. Rothe and published by Martinus Nijhoff Publishers. This book was released on 2013-07-11 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Realities of the International Criminal Justice System takes an analytical and critical look at the impact of the major instruments of international criminal justice since the 1990s with the advent of the International Criminal Tribunals for Rwanda and Yugoslavia.
Book Synopsis International Criminal Justice by : Gideon Boas
Download or read book International Criminal Justice written by Gideon Boas and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.
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.
Book Synopsis Atrocity Crimes, Children and International Criminal Courts by : Cécile Aptel
Download or read book Atrocity Crimes, Children and International Criminal Courts written by Cécile Aptel and published by Taylor & Francis. This book was released on 2023-04-28 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how international criminal courts have paid only limited and inconsistent attention to atrocity crimes affecting children. It elucidates the many structural, legal, financial and even attitudinal obstacles, often overlapping, that have contributed to the international courts’ focus on the experience of adults, rendering children almost invisible. It reviews whether and how different international and hybrid criminal jurisdictions have considered international crimes committed against or by children. The book also considers how international criminal justice can help contribute to the recognition of the specific impact that international crimes have on children, whether as victims or as participants, and strengthen their protection. Finally, it proposes an agenda to improve this situation, making specific recommendations encompassing the urgent need to further elaborate child-friendly procedures. It also calls for international investigative and prosecutorial strategies to be less adult-centric and broaden the scope of crimes against children beyond the focus on child-soldiers. This book is an invaluable resource for academics, researchers and fieldworkers in the areas of international criminal law, international human rights law/child rights, international humanitarian law, child protection and transitional justice.
Book Synopsis The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations by : Juan Carlos Ochoa S.
Download or read book The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations written by Juan Carlos Ochoa S. and published by Martinus Nijhoff Publishers. This book was released on 2013-02-05 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.
Book Synopsis Corporations, Accountability and International Criminal Law by : Kyriakakis, Joanna
Download or read book Corporations, Accountability and International Criminal Law written by Kyriakakis, Joanna and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice.
Book Synopsis Translating Guilt by : Cassandra Steer
Download or read book Translating Guilt written by Cassandra Steer and published by Springer. This book was released on 2017-02-26 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.
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: International criminal justice is, at its core, an anti-atrocity project. Yet just what an 'atrocity' is remains undefined and undertheorized. This book examines how associations between atrocity commission and the production of horrific spectacles shape the processes through which international crimes are identified and conceptualized, leading to the foregrounding of certain forms of mass violence and the backgrounding or complete invisibilization of others. In doing so, it identifies various, seemingly banal ways through which international crimes may be committed and demonstrates how the criminality of such forms of violence and abuse tends to be obfuscated. This book suggests that the failure to address these 'invisible atrocities' represents a major flaw in the current international criminal justice system, one that produces a host of problematic repercussions and undermines the legal legitimacy of international criminal law itself.
Book Synopsis Redress for Victims of Crimes under International Law by : Ilaria Bottigliero
Download or read book Redress for Victims of Crimes under International Law written by Ilaria Bottigliero and published by BRILL. This book was released on 2004-05-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims’ redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims’ redress.
Book Synopsis The Participation of Victims in International Criminal Proceedings by : Alessandra Cuppini
Download or read book The Participation of Victims in International Criminal Proceedings written by Alessandra Cuppini and published by Taylor & Francis. This book was released on 2022-09-30 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the expressivist justice model provides a meaningful foundation for the participation of victims in international criminal proceedings. Traditional criminal justice theories have tended to marginalise the role afforded to victims while informing the criminal procedures utilised by international criminal courts. As a result, giving content to, shaping, and enhancing victims’ participatory rights have been some of the most debated issues in international criminal justice. This book contributes to this debate by advancing expressivism, which has the capacity to create a historical narrative of gross human rights violations, as a core of international criminal justice able to provide a worthwhile basis for the participation of victims in proceedings and clarifying the scope and content of their participatory rights. The work provides an in-depth discussion on issues related to victims’ participatory rights from the perspective of international human rights law, victimology, and the philosophical foundation of international criminal justice. The book will be a valuable resource for researchers, academics, and policymakers working in the areas of international criminal justice, international human rights law, transitional justice, and conflict studies.
Book Synopsis International Criminal Justice by : Gideon Boas
Download or read book International Criminal Justice written by Gideon Boas and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores crucial themes in international criminal justice. It starts by answering the searching question: what is international criminal justice? The book then considers the role and impact of politics, history, psychology, terrorism, transitioning society, and even the idea of hope, and the relationship of these themes with how we understand international criminal justice. While addressing some crucial legal questions, International Criminal Justice goes further, drawing on a range of multi-disciplinary thinking.
