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Author: Cristián Correa Publisher: Cambridge University Press ISBN: 1108480950 Category : Law Languages : en Pages : 303
Book Description
Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.
Author: Cristián Correa Publisher: Cambridge University Press ISBN: 1108480950 Category : Law Languages : en Pages : 303
Book Description
Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.
Author: Carla Ferstman Publisher: BRILL ISBN: 9004174494 Category : Law Languages : en Pages : 585
Book Description
This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.
Author: Francesca Capone Publisher: Series on Transnational Justice ISBN: 9781780684383 Category : Children and war Languages : en Pages : 275
Book Description
"This book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations; furthermore it presents and critically assesses the judicial and non-judicial mechanisms in place as well as the reparations awarded and implemented so far at the international and regional level. The research stems from the need to fill a gap in the current literature on transitional justice, in particular on the right to reparation. Even though reparations are well-established legal measures in several domestic judicial systems all over the world, in transitional periods reparations are not just a means to redress the harm suffered by the victims of wrongful acts, but they also seek to contribute to the reconstitution or the constitution of a new political community in the aftermath of an armed conflict. The overview of the relevant cases and materials provided in this book helps pave the way for reparations that are effective, adequate, prompt, and in line with the international standards set forth by the Convention of the Rights of the Child (CRC) and other instruments. This book ultimately strives to highlight the shortcomings of the existing mechanisms and it points out the main issues that need to be improved and/or overcome in pursuance of redress for child victims of armed conflict." -- Back cover.
Author: Carlos Fernández de Casadevante Romani Publisher: Springer Science & Business Media ISBN: 3642281400 Category : Law Languages : en Pages : 279
Book Description
After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states’ obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.
Author: Valentina Volpe Publisher: Springer Nature ISBN: 3662623048 Category : Law Languages : en Pages : 427
Book Description
The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Author: Anne Peters Publisher: Cambridge University Press ISBN: 1107164303 Category : Law Languages : en Pages : 645
Book Description
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author: Chile Eboe-Osuji Publisher: Martinus Nijhoff Publishers ISBN: 9004227229 Category : Political Science Languages : en Pages : 372
Book Description
Sexual violence is a particular brand of evil that women have endured—more than men—during armed conflicts, through the ages. It is a menace that has continued to challenge the conscience of humanity—especially in our times. At the international level, basic laws aimed at preventing it are not in short supply. What is needed is a more conscious determination to enforce existing laws. This book explores ways of doing just that; thereby shoring up international legal protection of women from sexual violence in armed conflicts.
Author: Cristián Correa
Author: Cristián Correa
Author: E. Christine Evans
Author: Carla Ferstman
Author: Francesca Capone
Author: Cordula Dröge
Author: Carlos Fernández de Casadevante Romani
Author: Valentina Volpe
Author: Anne Peters
Author: Chile Eboe-Osuji
Author: Mary Ellen O'Connell