The Concept Of Race In International Criminal Law

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The Concept of Race in International Criminal Law

Author : Carola Lingaas
Publisher : Routledge
ISBN 13 : 0429812930
Total Pages : 319 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis The Concept of Race in International Criminal Law by : Carola Lingaas

Download or read book The Concept of Race in International Criminal Law written by Carola Lingaas and published by Routledge. This book was released on 2019-09-19 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Members of racial groups are protected under international law against genocide, persecution, and apartheid. But what is race – and why was this contentious term not discussed when drafting the Statute of the International Criminal Court? Although the law uses this term, is it legitimate to talk about race today, let alone convict anyone for committing a crime against a racial group? This book is the first comprehensive study of the concept of race in international criminal law. It explores the theoretical underpinnings for the crimes of genocide, apartheid, and persecution, and analyses all the relevant legal instruments, case law, and scholarship. It exposes how the international criminal tribunals have largely circumvented the topic of race, and how incoherent jurisprudence has resulted in inconsistent protection. The book provides important new interpretations of a problematic concept by subjecting it to a multifaceted and interdisciplinary analysis. The study argues that race in international criminal law should be constructed according to the perpetrator's perception of the victims’ ostensible racial otherness. The perpetrator’s imagination as manifested through his behaviour defines the victims’ racial group membership. It will be of interest to students and practitioners of international criminal law, as well as those studying genocide, apartheid, and race in domestic and international law.

The New Histories of International Criminal Law

Author : Immi Tallgren
Publisher : Oxford University Press
ISBN 13 : 0192565141
Total Pages : 288 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The New Histories of International Criminal Law by : Immi Tallgren

Download or read book The New Histories of International Criminal Law written by Immi Tallgren and published by Oxford University Press. This book was released on 2019-03-21 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.

Race, Crime and Resistance

Author : Tina G Patel
Publisher : SAGE
ISBN 13 : 1446292525
Total Pages : 210 pages
Book Rating : 4.4/5 (462 download)

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Book Synopsis Race, Crime and Resistance by : Tina G Patel

Download or read book Race, Crime and Resistance written by Tina G Patel and published by SAGE. This book was released on 2011-04-11 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a post-Macpherson, post-9/11 world, criminal justice agencies are adapting their responses to criminal behaviour across diverse ethnic groups. Race, Crime and Resistance draws on contemporary theory and a range of case studies to consider racial inequalities within the criminal justice system and related organisations. Exploring the mechanisms of discrimination and exclusion, the book goes beyond superficial assumptions to examine the ensuing processes of mobilisation and resistance across disadvantaged groups. Empirically grounded and theoretically informed, the book critically unpicks the persisting concepts of race and ethnicity in the perceptions and representations of crime. Articulate and sensitive, the book clarifies complex ideas through the use of chapter summaries, case studies, further reading and study questions. It is essential reading for students and scholars of criminology, race and ethnicity, and sociology.

Understanding Race and Crime

Author : Colin Webster
Publisher : McGraw-Hill Education (UK)
ISBN 13 : 0335230393
Total Pages : 256 pages
Book Rating : 4.3/5 (352 download)

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Book Synopsis Understanding Race and Crime by : Colin Webster

Download or read book Understanding Race and Crime written by Colin Webster and published by McGraw-Hill Education (UK). This book was released on 2007-07-16 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are some ethnic minorities associated with higher levels of offending? How can racist violence be explained? Are the police and criminal justice system racist? Are the reasons for offending and victimization among ethnic minorities different from those among ethnic majorities? Understanding Race and Crime provides a comprehensive and critical introduction to the debates and controversies about race, crime and criminal justice. While focusing on Britain and America, it also takes a broader international perspective, with case studies including the historical legacy of lynching in the United States and racist state crime in the Nazi and Rwandan genocides. The book provides a conceptual framework in which racism, race and crime might be better understood. It traces the historical origins of how thinking about crime came to be associated with racism and how fears and anxieties about race and crime become rooted in places destabilized by rapid social change. The book questions whether race and ethnicity alone are significant enough factors to explain differing offending and victimization patterns between ethnic groups. Issues examined include: Contact/conflict with the police Public disorder Involvement with the criminal justice system Understanding Race and Crime is essential reading for students from a range of social science disciplines and for a variety of crime-related courses. It is also useful to practitioners in the criminal justice field and those interested in understanding the issues behind debates on ‘race’ and crime.

Race and Criminal Justice

Author : Hindpal Singh Bhui
Publisher : SAGE
ISBN 13 : 0857026801
Total Pages : 242 pages
Book Rating : 4.8/5 (57 download)

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Book Synopsis Race and Criminal Justice by : Hindpal Singh Bhui

Download or read book Race and Criminal Justice written by Hindpal Singh Bhui and published by SAGE. This book was released on 2008-12-18 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: ′The social landscape of ′race′ and ′ethnicity′ within contemporary Britain has become increasingly diverse and complex. The old, exclusive research emphasis in criminology on the outcomes of social inequalities and policies is now challenged by an appreciation of how race and ethnicity are constructed and other theoretical perspectives. This collection of papers will introduce students to these subjects, and do so usefully by addressing contemporary themes that must be given attention by criminologists.′ - Professor Simon Holdaway, University of Sheffield ′This collection provides useful and up-to-date information on the response of police, prosecution, prisons and probation services to the challenges of increasing ethnic diversity. It is an excellent source for students and practitioners concerned with reforming policy and improving practice.′ - Professor David J. Smith, University of Edinburgh & London School of Economics This text delivers a comprehensive overview of race and ethnicity across the criminal justice system. It unpacks terms such as ′race′, ′diversity′ and ′multiculturalism′ to equip students with a thorough understanding of this complex subject area. Featuring chapters by leading experts, Race and Criminal Justice provides a specialist introduction to each area of the criminal justice system, including police, prosecution, prisons and probation. It also features stimulating discussion of contemporary issues, such as criminal justice responses to refugees and asylum seekers, and the experiences of Muslims within the criminal justice system post-9/11 and 7/7. Each chapter follows a consistent structure, offering: " an overview of key theories relating to the study of race, ethnicity and criminal justice " analysis of research, policy and practice " chapter summaries and further reading to support understanding.

Privilege and Punishment

Author : Matthew Clair
Publisher : Princeton University Press
ISBN 13 : 069123387X
Total Pages : 320 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Privilege and Punishment by : Matthew Clair

Download or read book Privilege and Punishment written by Matthew Clair and published by Princeton University Press. This book was released on 2022-06-21 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.

The International Criminal Court at the Mercy of Powerful States

Author : Res Schuerch
Publisher : Springer
ISBN 13 : 9462651922
Total Pages : 305 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The International Criminal Court at the Mercy of Powerful States by : Res Schuerch

Download or read book The International Criminal Court at the Mercy of Powerful States written by Res Schuerch and published by Springer. This book was released on 2017-07-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zürich.

States of Justice

Author : Oumar Ba
Publisher : Cambridge University Press
ISBN 13 : 1108806082
Total Pages : 207 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis States of Justice by : Oumar Ba

Download or read book States of Justice written by Oumar Ba and published by Cambridge University Press. This book was released on 2020-07-02 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.

The Fundamental Concept of Crime in International Criminal Law

Author : Iryna Marchuk
Publisher : Springer Science & Business Media
ISBN 13 : 3642282466
Total Pages : 304 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis The Fundamental Concept of Crime in International Criminal Law by : Iryna Marchuk

Download or read book The Fundamental Concept of Crime in International Criminal Law written by Iryna Marchuk and published by Springer Science & Business Media. This book was released on 2013-07-29 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

International and Comparative Criminal Justice

Author : Mark Findlay
Publisher : Routledge
ISBN 13 : 1136184155
Total Pages : 349 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis International and Comparative Criminal Justice by : Mark Findlay

Download or read book International and Comparative Criminal Justice written by Mark Findlay and published by Routledge. This book was released on 2013-06-19 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal justice is in transition. This book explores the growing internationalisation of criminal justice as a phenomenon of global governance. It provides students with a critical understanding of the international institutions for regulating transnational crime, the development of alternative justice processes across the globe, and international and supra-national co-operation criminal justice policies and practices. Key topics covered include: The historical development of International Criminal Justice institutions and traditions International Restorative Justice Victim communities and collaborative justice The relationship between crime and war International Human Rights The ‘War on Terror’ The globalisation of crime and control Developments in global governance, communitarian justice and accountability This text will familiarize students with the literature and debates surrounding international criminal justice and enable them to critically appreciate their theoretical and policy context. In doing so, it encourages students to assess the strengths and weaknesses of different approaches to the study of global justice and the analysis of comparative policy convergence and research. It will also help students to reflect on, and communicate in an informed and critical way theoretical accounts and empirical studies within the field of international criminal justice. This book will be essential reading for upper level undergraduates taking courses in criminal law, international relations and governance and postgraduates engaged in international criminal justice, international law, regulation and governance and human rights.

The Political Roots of Racial Tracking in American Criminal Justice

Author : Nina M. Moore
Publisher : Cambridge University Press
ISBN 13 : 1107022975
Total Pages : 405 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Political Roots of Racial Tracking in American Criminal Justice by : Nina M. Moore

Download or read book The Political Roots of Racial Tracking in American Criminal Justice written by Nina M. Moore and published by Cambridge University Press. This book was released on 2015-01-26 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of the public and policy makers in enabling the race problem in the American criminal justice system.

Race, Ethnicity, Crime and Criminal Justice in the Americas

Author : A. Kalunta-Crumpton
Publisher : Springer
ISBN 13 : 0230355862
Total Pages : 469 pages
Book Rating : 4.2/5 (33 download)

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Book Synopsis Race, Ethnicity, Crime and Criminal Justice in the Americas by : A. Kalunta-Crumpton

Download or read book Race, Ethnicity, Crime and Criminal Justice in the Americas written by A. Kalunta-Crumpton and published by Springer. This book was released on 2012-01-25 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines race, ethnicity, crime and criminal justice in the Americas and moves beyond the traditional focus on North America to incorporate societies in Central America, South America and the Caribbean.

America Becoming

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309172489
Total Pages : 523 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis America Becoming by : National Research Council

Download or read book America Becoming written by National Research Council and published by National Academies Press. This book was released on 2001-01-25 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 20th Century has been marked by enormous change in terms of how we define race. In large part, we have thrown out the antiquated notions of the 1800s, giving way to a more realistic, sociocultural view of the world. The United States is, perhaps more than any other industrialized country, distinguished by the size and diversity of its racial and ethnic minority populations. Current trends promise that these features will endure. Fifty years from now, there will most likely be no single majority group in the United States. How will we fare as a nation when race-based issues such as immigration, job opportunities, and affirmative action are already so contentious today? In America Becoming, leading scholars and commentators explore past and current trends among African Americans, Hispanics, Asian Americans, and Native Americans in the context of a white majority. This volume presents the most up-to-date findings and analysis on racial and social dynamics, with recommendations for ongoing research. It examines compelling issues in the field of race relations, including: Race and ethnicity in criminal justice. Demographic and social trends for Hispanics, Asian Americans, and Native Americans. Trends in minority-owned businesses. Wealth, welfare, and racial stratification. Residential segregation and the meaning of "neighborhood." Disparities in educational test scores among races and ethnicities. Health and development for minority children, adolescents, and adults. Race and ethnicity in the labor market, including the role of minorities in America's military. Immigration and the dynamics of race and ethnicity. The changing meaning of race. Changing racial attitudes. This collection of papers, compiled and edited by distinguished leaders in the behavioral and social sciences, represents the most current literature in the field. Volume 1 covers demographic trends, immigration, racial attitudes, and the geography of opportunity. Volume 2 deals with the criminal justice system, the labor market, welfare, and health trends, Both books will be of great interest to educators, scholars, researchers, students, social scientists, and policymakers.

The Law and Practice of the International Criminal Court

Author : Carsten Stahn
Publisher : Oxford University Press, USA
ISBN 13 : 0198705166
Total Pages : 1441 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Law and Practice of the International Criminal Court by : Carsten Stahn

Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2015 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.

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.

Race, Ethnicity, Crime, and Justice

Author : Shaun L. Gabbidon
Publisher : SAGE
ISBN 13 : 1412949882
Total Pages : 257 pages
Book Rating : 4.4/5 (129 download)

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Book Synopsis Race, Ethnicity, Crime, and Justice by : Shaun L. Gabbidon

Download or read book Race, Ethnicity, Crime, and Justice written by Shaun L. Gabbidon and published by SAGE. This book was released on 2010 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides case studies from countries around the world regarding the nature and scope of concerns related to race, ethnicity, crime and justice. The text centres primarily on English-speaking countries where they have encountered problems related to race, ethnicity, crime and justice. The book is designed to be used as either a main or supplementary text for courses focusing on race and crime, minorities and crime, and diversity in criminal justice. Additionally, it can also be used in sociology and ethnic studies courses that focus on race and crime.

The Oxford Handbook of Criminal Law

Author : Markus D Dubber
Publisher : OUP Oxford
ISBN 13 : 0191654604
Total Pages : 1100 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber

Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.