Fundamentals of Trial Techniques PDF Download

Author: Thomas A. Mauet
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 488

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Author: Raymond Kwun-Sun Lau
Publisher: Routledge
ISBN: 0429619839
Category : Political Science
Languages : en
Pages : 222

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Book Description
This book explores the relationship between the Responsibility to Protect (R2P) and the International Criminal Court (ICC), challenging the assumption that they are always mutually reinforcing or complementary, and examining instead the many tensions which arise between the immediate imperative of saving lives, and the more long-term prospect of punishing perpetrators and preventing future conflicts through deterrence. Around the world, audiences in the mid-1990s watched the mass atrocities unfolding in Rwanda and Srebrenica in horror and disbelief. Emerging from these disasters came an international commitment to safeguard and protect vulnerable communities, as laid out in the R2P principle, and an international responsibility to punish perpetrators, with the establishment of the ICC. The book provides context-independent proposals for resolving contradictions between the two principles, suggesting that focusing on timing and sequencing in invoking international R2P and ICC actions could facilitate the easing of tensions. Drawing on examples from Uganda, Kenya, and Darfur, the book applies International Relations concepts and theories in order to deepen our understanding of international responses to mass atrocities. Ultimately the book concludes that a 'Protection First, Justice Later' sequence approach is necessary for managing the tension and facilitating more effective and consistent international responses. This book makes an important contribution to discussions and debates surrounding international responses to genocide and mass atrocities. It will be of special interest to scholars, students and policymakers in International Relations, Global Governance, African Studies, International Development, Human Rights and International Criminal Law.

Author: Francis Hargrave
Publisher:
ISBN:
Category :
Languages : en
Pages : 572

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Author: Kurt Mills
Publisher: University of Pennsylvania Press
ISBN: 081224737X
Category : Law
Languages : en
Pages : 320

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Since the end of World War II and the founding of the United Nations, genocide, crimes against humanity and other war crimes—mass atrocities—have been explicitly illegal. When such crimes are committed, the international community has an obligation to respond: the human rights of the victims outweigh the sovereignty claims of states that engage in or allow such human rights violations. This obligation has come to be known as the responsibility to protect. Yet, parallel to this responsibility, two other related responsibilities have developed: to prosecute those responsible for the crimes, and to provide humanitarian relief to the victims—what the author calls the responsibility to palliate. Even though this rhetoric of protecting those in need is well used by the international community, its application in practice has been erratic at best. In International Responses to Mass Atrocities in Africa, Kurt Mills develops a typology of responses to mass atrocities, investigates the limitations of these responses, and calls for such responses to be implemented in a more timely and thoughtful manner. Mills considers four cases of international responses to mass atrocities—in Rwanda, the Democratic Republic of the Congo, Uganda, and Darfur—putting the cases into historical context and analyzing them according to the typology, showing how the responses interact. Although all are intended to address human suffering, they are very different types of actions and accomplish different things, over different timescales, on different orders of magnitude, and by very different types of actors. But the critical question is whether they accomplish their objectives in a mutually supportive way—and what the trade-offs in using one or more of these responses may be. By expanding the understanding of international responsibilities, Mills provides critical analysis of the possibilities for the international community to respond to humanitarian crises.

Author: Thomas Bayly Howell
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 736

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Author: John Thomas Scopes
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1886363315
Category : Law
Languages : en
Pages : 356

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Complete transcript of the controversial "Scopes Monkey Trial" which tested the law that made it illegal for public school teachers in Tennessee to teach Charles Darwin's theory of evolution The complete transcript of the 1925 case of the State of Tennessee v. John Thomas Scopes, a 24-year old high school teacher accused of violating the Butler Act, which had passed in Tennessee on March 21, 1925, forbidding the teaching, in any state-funded educational establishment, of "any theory that denies the story of the divine creation of man as taught in the Bible, and to teach instead that man has descended from a lower order of animals." The law made it. Perhaps the first modern media event, the trial attracted enormous national and international attention to the small town of Dayton, Tennessee during the sweltering July of 1925. A star-studded cast of trial attorneys included the great orator and three time Democratic presidential candidate William Jennings Bryan and the brilliant trial lawyer and champion of the downtrodden, Clarence Darrow, among others. The climax of the trial came on the seventh day when the defense put the senior Bryan on the stand as an expert on the Bible and he was ruthlessly interrogated by Darrow. As a milestone in the American struggle between modernity and the forces of Protestant fundamentalism, and a vivid manifestation of the clash between two valid principles-academic freedom and democratic control of the public schools-the Scopes case has tremendous historical significance. Scopes was found guilty, and paid a fine of $100. and costs. At the sentencing, he told the Judge, "I feel that I have been convicted of violating an unjust statute. I will continue in the future, as I have in the past, to oppose this law in any way I can. Any other action would be in violation of my ideal of academic freedom-that is, to teach the truth as guaranteed in our Constitution, of personal and religious freedom. I think the fine is unjust." William Jennings Bryan died a few days after the trial ended. Clarence Darrow moved on to other cases, most notably the Sweet case in Detroit in 1926 and his last trial, the Massie trial in Honolulu in 1931. Illustrated with photographs from the trial. This edition also includes statements by scientists entered at the defense's request, and the text of a lengthy concluding speech that Bryan prepared but never delivered. Clarence Darrow [1857-1938] was a well-known trial lawyer renowned for his progressive sympathies and successful work for labor and the poor. He achieved fame for his defense of Leopold and Loeb in 1924, the Massie trial in 1931 and this, his most famous, defense of John Scopes in 1925-the only time Darrow ever volunteered his services in a case, a case in which he saw education "in danger from the source that always hampered it-religious fanaticism."

Author: Jaylee Balch
Publisher: Xlibris Corporation
ISBN: 1499001916
Category : Fiction
Languages : en
Pages : 445

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Book Description
Tomas knows no other humans but has been brought up by the creatures and trees of Terra. An innocent and fast approaching his coming of age, he encounters a force that seeks his mind and together with an Emerald Drae, A Spider, Megalong and an Oak, he begins his journey towards claiming his right to exist as a human and a power to be reckoned with. He meets many Foundlings and learns to tap into his abilities with their help. This book is a whisper of things to come on Earth and the thoughts that create them.

Author: Joseph Haydn
Publisher:
ISBN:
Category :
Languages : en
Pages : 800

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Author: Joseph Haydn
Publisher:
ISBN:
Category : Chronology, Historical
Languages : en
Pages : 1636

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Book Description

Author: Jacopo Roberti di Sarsina
Publisher: Springer
ISBN: 9462652767
Category : Law
Languages : en
Pages : 283

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Book Description
This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.