Transforming International Criminal Justice

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Author :
Publisher : Routledge
ISBN 13 : 1317436687
Total Pages : 428 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Transforming International Criminal Justice by : Mark J. Findlay

Download or read book Transforming International Criminal Justice written by Mark J. Findlay and published by Routledge. This book was released on 2005-06-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities

The International Criminal Court and the Transformation of International Law

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Author :
Publisher : International and Comparative
ISBN 13 :
Total Pages : 592 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The International Criminal Court and the Transformation of International Law by : Leila Nadya Sadat

Download or read book The International Criminal Court and the Transformation of International Law written by Leila Nadya Sadat and published by International and Comparative. This book was released on 2002 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Sadat's book is a valuable "restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard Goldstone Published under the Transnational Publishers imprint.

Criminal Justice at the Crossroads

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Author :
Publisher : Columbia University Press
ISBN 13 : 0231539223
Total Pages : 418 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Criminal Justice at the Crossroads by : William R. Kelly

Download or read book Criminal Justice at the Crossroads written by William R. Kelly and published by Columbia University Press. This book was released on 2015-05-05 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past forty years, the criminal justice system in the United States has engaged in a very expensive policy failure, attempting to punish its way to public safety, with dismal results. So-called "tough on crime" policies have not only failed to effectively reduce crime, recidivism, and victimization but also created an incredibly inefficient system that routinely fails the public, taxpayers, crime victims, criminal offenders, their families, and their communities. Strategies that focus on behavior change are much more productive and cost effective for reducing crime than punishment, and in this book, William R. Kelly discusses the policy, process, and funding innovations and priorities that the United States needs to effectively reduce crime, recidivism, victimization, and cost. He recommends proactive, evidence-based interventions to address criminogenic behavior; collaborative decision making from a variety of professions and disciplines; and a focus on innovative alternatives to incarceration, such as problem-solving courts and probation. Students, professionals, and policy makers alike will find in this comprehensive text a bracing discussion of how our criminal justice system became broken and the best strategies by which to fix it.

Exploring the Boundaries of International Criminal Justice

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Author :
Publisher : Routledge
ISBN 13 : 1317137167
Total Pages : 296 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Exploring the Boundaries of International Criminal Justice by : Mark Findlay

Download or read book Exploring the Boundaries of International Criminal Justice written by Mark Findlay and published by Routledge. This book was released on 2016-04-15 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.

Governing Through Globalised Crime

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Author :
Publisher : Routledge
ISBN 13 : 1134007140
Total Pages : 279 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Governing Through Globalised Crime by : Mark J. Findlay

Download or read book Governing Through Globalised Crime written by Mark J. Findlay and published by Routledge. This book was released on 2013-05-13 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governing through Globalised Crime provides an analysis of the impact of globalisation of crime on the governance capacity of the international criminal justice system. It explores how the perceived increased risk in global security has resulted in a reformulation of the relationship between crime and governance. The book seeks to argue that values of freedom, equality, communitarian harmony and personal integrity which the prosecution of crimes against humanity are said to advance, need not be sacrificed in a new world order obsessed with partial security and secularized risk. This book aims to address a way forward for the governance capacity of international criminal justice, arguing that international criminal justice provides a central tool for global governance. In exploring the dependency of global governance on crime and control, projections can be made about the changing face of international criminal justice. Fundamental transformation is required to hold unjust global dominion to account. The book's policy perspective challenges international criminal justice to return to the more critical position justice has exercised in the separation of powers constitutional legality. For liberal democratic theory at least, judicial authority and its institutions have ensured constitutional legality by requiring the legislature and the executive to operate accountably against a higher normative order. This is not a predominant function of judges and courts in the international context despite their statutory invocation to this task . Case-studies of global crime and control reveal contexts in which the co-opted governance of institutional ICJ in particular, has a politicized motivation which too often advances the authority and interests of one world order against the sometimes legitimate resistance of criminalized communities. When the analysis moves to the consideration of victim community interests, and from there to the appropriate global constituencies of ICJ, the nature and limitations of ICJ supporting governance in the risk/security model, becomes apparent.

International and Comparative Criminal Justice

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Author :
Publisher : Routledge
ISBN 13 : 1136184147
Total Pages : 403 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis International and Comparative Criminal Justice by : Mark J. Findlay

Download or read book International and Comparative Criminal Justice written by Mark J. Findlay and published by Routledge. This book was released on 2013-06-19 with total page 403 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.

Beyond Punishment: Achieving International Criminal Justice

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Author :
Publisher : Springer
ISBN 13 : 0230250564
Total Pages : 313 pages
Book Rating : 4.2/5 (32 download)

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Book Synopsis Beyond Punishment: Achieving International Criminal Justice by : M. Findlay

Download or read book Beyond Punishment: Achieving International Criminal Justice written by M. Findlay and published by Springer. This book was released on 2009-11-30 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal justice is challenged to better reflect legitimate victim interest. This book provides a framework for achieving synthesis between restorative and retributive dimensions within international criminal trials in order to achieve the peace-making aspirations of the International Criminal Court.

International Practices of Criminal Justice

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Author :
Publisher : Routledge
ISBN 13 : 1351384627
Total Pages : 482 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis International Practices of Criminal Justice by : Mikkel Jarle Christensen

Download or read book International Practices of Criminal Justice written by Mikkel Jarle Christensen and published by Routledge. This book was released on 2017-11-06 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Practices of Criminal Justice: Social and Legal Perspectives examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international criminal law and international police cooperation. Although often thought of separately, each of these fields presents criminal justice as a governance method for resolving international challenges and crises. By focusing on examples from international criminal tribunals, transitional justice, transnational crime, and transnational policing and prosecution, the contributors to this collection all examine how criminal justice is unmoored from the state, while also attending to the struggles and challenges that emerge when criminal justice is used as a form of international action. International Practices of Criminal Justice: Social and Legal Perspectives breaks new ground in criminology, international legal studies and the sociology of law, and will be of interest to students, scholars, and practitioners across a wide array of fields in criminal justice, international law, and international governance.

Sentencing and the Legitimacy of Trial Justice

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Author :
Publisher : Routledge
ISBN 13 : 1136657436
Total Pages : 425 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis Sentencing and the Legitimacy of Trial Justice by : Ralph Henham

Download or read book Sentencing and the Legitimacy of Trial Justice written by Ralph Henham and published by Routledge. This book was released on 2013-03-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the under-researched relationship between sentencing and the legitimacy of punishment. It argues that there is an increasing gap between what is perceived as legitimate punishment and the sentencing decisions of the criminal courts. Drawing on a wide variety of empirical research evidence, the book explores how sentencing could be developed within a more socially-inclusive framework for the delivery of trial justice. In the international context, such developments are directly relevant to the future role of the International Criminal Court, especially its ability to deliver more coherent and inclusive trial outcomes that contribute to social reconstruction. Similarly, in the national context, these issues have a vital role to play in helping to re-position trial justice as a credible cornerstone of criminal justice governance where social diversity persists. In so doing the book should help policy-makers in appreciating the likely implications for criminal trials of ‘mainstreaming’ restorative forms of justice. Sentencing and the Legitimacy of Trial Justice firmly ties the issue of legitimacy to the relevant context for delivering ‘justice’. It suggests a need to develop the tools and methods for achieving this and offers some novel solutions to this complex problem. This book will be a valuable resource for graduate students, academics, practitioners and policy makers in the field of criminal justice as well as scholars interested in socio-legal and cross-disciplinary approaches to the analysis of criminal process and sentencing and the development of theory and comparative methodology in this area.

The Transformation of Human Rights Fact-finding

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Publisher : Oxford University Press
ISBN 13 : 0190239492
Total Pages : 577 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Transformation of Human Rights Fact-finding by : Philip Alston

Download or read book The Transformation of Human Rights Fact-finding written by Philip Alston and published by Oxford University Press. This book was released on 2016 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work offers a multidisciplinary approach to the study of fact-finding, including rigorous and critical analysis of the field of practice, as well as providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field.

Transforming Criminal Justice?

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Author :
Publisher : Routledge
ISBN 13 : 1136699414
Total Pages : 168 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis Transforming Criminal Justice? by : Jane Donoghue

Download or read book Transforming Criminal Justice? written by Jane Donoghue and published by Routledge. This book was released on 2014-04-03 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why is punishment not more effective? Why do we have such high re-offending rates? How can we deal with crime and criminals in a more cost-effective way? Over the last decade in particular, the United Kingdom, in common with other jurisdictions such as Canada, the United States (US) and Australia, has sought to develop more effective ways of responding to criminal behaviour through court reforms designed to address specific manifestations of crime. Strongly influenced by developments in US court specialisation, problem-solving and specialist courts - including domestic violence courts, drugs courts, community courts and mental health courts - have proliferated in Britain over the last few years. These courts operate at the intersection of criminal law and social policy and appear to challenge much of the traditional model of court practice. In addition, policy makers and practitioners have made significant attempts to try to embed problem-solving approaches into the criminal justice system more widely. Through examination of original data gathered from detailed interviews with judges, magistrates and other key criminal justice professionals in England and Wales, as well as analysis of legislative and policy interventions, this book discusses the impact of the creation and development of court specialisation and problem-solving justice. This book will be essential reading for students and academics in the fields of criminology, criminal justice, criminal law, socio-legal studies and sociology, as well as for criminal justice practitioners and policy-makers.

Futures of International Criminal Justice

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Author :
Publisher : Routledge
ISBN 13 : 100052082X
Total Pages : 333 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Futures of International Criminal Justice by : Emma Palmer

Download or read book Futures of International Criminal Justice written by Emma Palmer and published by Routledge. This book was released on 2021-12-22 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice. The International Criminal Court and project of prosecuting international atrocity crimes have faced multiple challenges and critiques. In recent times, these have included changes in technology, the conduct of armed conflict, the environment, and geopolitics. The mostly emerging contributors to this collection draw on diverse socio-legal research frameworks to discuss proposals for the futures of international criminal justice. These include addressing accountability gaps and under-examined or emerging areas of criminality at, but also beyond, the International Criminal Court, especially related to technology and the environment. The book discusses the tensions between universalism and localisation, as well as the regionalisation of international criminal justice and how these approaches might adapt to dynamic organisational, political and social structures, at the ICC and beyond. The book will be of interest to students, researchers and academics. It will also be a useful resource for civil society representatives including justice advocates, diplomats and other government officials and policy-makers.

Justice in Conflict

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Publisher : Oxford University Press
ISBN 13 : 0191082945
Total Pages : 273 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Justice in Conflict by : Mark Kersten

Download or read book Justice in Conflict written by Mark Kersten and published by Oxford University Press. This book was released on 2016-08-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

Means to an End

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Publisher : Brookings Institution Press
ISBN 13 : 0815721706
Total Pages : 201 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Means to an End by : Lee Feinstein

Download or read book Means to an End written by Lee Feinstein and published by Brookings Institution Press. This book was released on 2011 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Reassesses U.S. relationship with the ICC and broader issues of U.S. policy toward international justice. Argues U.S. active support of ICC serves U.S. interests and is consistent with values to which America has aspired. Focuses on foreign policy, national security, and moral cases for shifting U.S. policy toward the Court"--Provided by publisher.

The Transformation of Occupied Territory in International Law

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Publisher : BRILL
ISBN 13 : 9004227881
Total Pages : 569 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Transformation of Occupied Territory in International Law by : Andrea Carcano

Download or read book The Transformation of Occupied Territory in International Law written by Andrea Carcano and published by BRILL. This book was released on 2015-08-14 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on a broad historical foundation, this study offers a comprehensive treatment of the international law issues that have arisen in connection with, and as a result of, the ‘transformative’ occupation of Iraq and of their significance for the development of international law.

Beyond Transitional Justice

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Publisher : Routledge
ISBN 13 : 1000564789
Total Pages : 85 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Beyond Transitional Justice by : Matthew Evans

Download or read book Beyond Transitional Justice written by Matthew Evans and published by Routledge. This book was released on 2022-04-06 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Transitional Justice reflects upon the state of the field (or non-field) of transitional justice in the current conjuncture, as well as identifying new possibilities and challenges in the fields with which transitional justice overlaps (such as human rights, peacebuilding, and development). Chapters intervene at the cutting edge of contemporary transitional justice research, addressing key theoretical and empirical questions and covering critical, international, interdisciplinary, theoretical, and practice-oriented content. In particular, the notion of transformative justice is discussed in light of the emerging scholarship defining and applying this concept as either an approach within or an alternative to transitional justice. The book considers the extent to which transformative justice as a concept adds value to scholarship on transitional justice and related areas and asks what the future might hold for this area as a field – or non-field. A timely intervention, Beyond Transitional Justice is ideal reading for scholars and students in the fields of human rights, peace and conflict studies, international law, critical legal theory, development studies, criminology, and victimology.

Invisible Atrocities

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Publisher : Cambridge University Press
ISBN 13 : 1108487416
Total Pages : 313 pages
Book Rating : 4.1/5 (84 download)

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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.