Accountability for Crimes of the Past and the Challenges of Criminal Procecutions PDF Download

Author: Dadimos Haile
Publisher:
ISBN:
Category : History
Languages : en
Pages : 88

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Author: Emma Charlene Lubaale
Publisher: Springer Nature
ISBN: 3030880443
Category : Political Science
Languages : en
Pages : 652

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This book critically examines the issues pertaining to the Rome Statute’s complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states’ international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.

Author: Sam Dubberley
Publisher: Oxford University Press, USA
ISBN: 0198836066
Category : Law
Languages : en
Pages : 385

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This book covers the developing field of open source research and discusses how to use social media, satellite imagery, big data analytics, and user-generated content to strengthen human rights research and investigations. The topics are presented in an accessible format through extensive use of images and data visualization (éditeur).

Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8293081643
Category : Law
Languages : en
Pages : 4

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Author: Emilie Hunter
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8293081686
Category : Law
Languages : en
Pages : 4

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Author: William A. Schabas
Publisher: Springer Science & Business Media
ISBN: 1402032374
Category : Social Science
Languages : en
Pages : 277

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Book Description
Criminal justice for human rights abuses committed during periods of political repression or dictatorship is one of the great challenges to post-con?ict societies. In many cases, there has been no justice at all. Sometimes serious political concerns that e?orts at accountability might upset fragile peace settlements have militated in favour of no action and no accountability. In many cases, the outgoing tyrants have conditioned their departure upon a pledge that there be no prosecutions. But thinking on these issues has evolved considerably in recent years. Largely driven by the view that collective amnesia amounts to a violation of fundamental human rights, especially those of the victims of atrocities, attention has increasingly turned to the dynamics of post-con?ict accountability. At the high end of the range, of course, sit the new international criminal justice institutions: the ad hoc tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the various ‘‘hybrid’’ tribunals in Kosovo, East Timor and Cambodia, and the new International Criminal Court. But in terms of sheer numbers, the most signi?cant new institutions are truth and reconciliation commissions. Of va- able architecture, depending upon the prerogatives of the society in question and the features of the past con?ict, they have emerged as a highly popular mechanism within the toolbox of transitional justice. In some cases, the truth commission is held out as an alternative to criminal justice.

Author: Fouad Sabry
Publisher: One Billion Knowledgeable
ISBN:
Category : Political Science
Languages : en
Pages : 317

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Book Description
"War Crime" delves into the complexities of war crimes, shedding light on their legal, ethical, and political aspects. It offers a comprehensive exploration of how global conflicts influence international law, norms, and human rights, making it an essential addition to the "Political Science" series. This book provides critical insights into international justice, helping readers understand the profound consequences of war crimes on a global scale. Chapters Overview 1: War Crime - Key definitions and historical context. 2: Crimes Against Humanity - Legal responses to global atrocities. 3: Law of War - Balancing military needs and humanitarian rules. 4: Nuremberg Principles - Foundations of modern international justice. 5: International Humanitarian Law - Evolution and protection during conflicts. 6: Command Responsibility - Leadership accountability in war crimes. 7: Geneva Conventions - Cornerstone treaties of humanitarian law. 8: Trial of Slobodan Milošević - Landmark case in global justice. 9: International Framework of Sexual Violence - Prosecuting sexual violence in war. 10: Tokyo Charter - Legal guide for Far East war crimes tribunal. 11: Unlawful Combatant - Status of unrecognized fighters. 12: Non-Combatant - Protections for civilians and non-fighters. 13: Victor's Justice - Justice imposed by conflict winners. 14: Nuremberg Charter - Blueprint for international war crime trials. 15: Summary Execution - Legal, ethical issues of swift execution. 16: Hostages Trial - Trials addressing hostage incidents. 17: International Criminal Law - Growing field in prosecuting war crimes. 18: Perfidy - Deceptive warfare practices and their ethics. 19: War Crimes Trial - Importance of trials in deterring violations. 20: Aerial Bombardment and International Law - Legal issues with aerial attacks. 21: Atrocity Crime - Genocide and international prosecution. Concluding the journey into international justice, "War Crime" stands as a crucial resource for students, professionals, and anyone interested in understanding the legal and moral challenges of war. This volume offers an in-depth look at the mechanisms for prosecuting war crimes and safeguarding human rights globally.

Author: Charles Chernor Jalloh
Publisher: BRILL
ISBN: 9004271759
Category : Law
Languages : en
Pages : 657

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Promoting Accountability under International Law for Gross Human Rights Violations in Africa is pre-eminently a study on the work and contribution of the first international judicial mechanism, the International Criminal Tribunal for Rwanda (ICTR), devoted exclusively to challenging impunity for serious international crimes committed in Africa. This volume is dedicated to the eminent international jurist Justice Hassan Bubacar Jallow, the Tribunal’s longest serving Chief Prosecutor and the first prosecutor of the United Nations Mechanism for International Criminal Tribunals. The noted scholar and practitioner contributors discuss various aspects of the law, jurisprudence and practice of the Tribunal over its twenty year existence, while also drawing lessons for current and future international courts such as the International Criminal Court. Themes covered include the role of the international prosecutor; the prosecution of sexual and gender-based crimes; the relationship between national and international courts; the role of other international institutions in challenging impunity; and the role of African languages in international criminal trials. Given its wide ranging substantive coverage, this book will be invaluable to anyone interested in criminal justice, human rights and humanitarian law whether in Africa or other parts of the world.

Author: Edel Hughes
Publisher:
ISBN:
Category : History
Languages : en
Pages : 340

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Book Description
Rebuilding societies where conflict has occurred is rarely a simple process. Where conflict has been accompanied by gross and systematic violations of human rights, the procedure becomes very controversial. The traditional debate on "transitional justice" sought to balance justice, truth, accountability, peace, and stability. The appearance of impunity for past crimes undermines confidence in new democratic structures and casts doubt upon commitments to human rights. Yet the need to consolidate peace sometimes resulted in reluctance on the part of authorities --both local and international --to confront suspected perpetrators of human rights violations, especially when they are a part of a peace process. Experience in many regions of the world therefore suggested a tradeoff between peace and justice. But that is changing. There is a growing consensus that some forms of justice and accountability are integral to --rather than in tension with --peace and stability. This volume considers whether we are truly going beyond the transitional justice debate. It brings together eminent scholars and practitioners with direct experience in some of the most challenging cases of international justice, and illustrates that justice and accountability remain complex, but not mutually exclusive, ideals.

Author: Elies van Sliedregt
Publisher: OUP Oxford
ISBN: 019100829X
Category : Law
Languages : en
Pages : 510

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Book Description
Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.