Author: Olivia Herman Publisher: Taylor & Francis ISBN: 1040033385 Category : Law Languages : en Pages : 273
Book Description
This book examines whether and how non-state armed groups might be required to provide reparations for the harm caused by their violations of international law committed during situations of non-international armed conflict. Most of today’s armed conflicts are waged between states and non-state armed groups or between such groups. Societies ravaged by these conflicts endure extensive harm resulting from violations of international humanitarian law and international human rights law. This reality prompts a series of pressing questions. Akin to states, should non-state armed groups be held responsible for making reparation when violating international law? And if so, what measures can these groups take to repair the harm they have caused? The book begins by clarifying if there exists, in contemporary international law, a duty for armed groups to provide reparation. It considers whether non-state armed groups have primary international obligations as distinct duty bearers, and whether reparation can be one of the legal consequences when violating these obligations. Subsequently, the book sheds new light on how non-state armed groups’ duty of reparation can be operationalised in international law. This involves elucidating both the conceptualisation and practical application of this duty. Combining this legal analysis with practical perspectives, the book unveils important insights for international law, drawn from an in-depth analysis of Colombia’s experiences with reparations by armed groups in the context of transitional justice. This book will be of interest to scholars and practitioners working in the fields of international law related to armed conflict, accountability and redress, and transitional justice more broadly.
Author: Rosario Layus Publisher: Routledge ISBN: 1351627627 Category : Law Languages : en Pages : 216
Book Description
Justice in domestic courts is one of the most prominent aims of victims seeking to obtain accountability for human rights violations. It is, however, also one of the most difficult to achieve. In many Latin American countries, as well as elsewhere, activists have put human rights prosecutions forward as a fundamental means to end impunity, build democracy, strengthen the rule of law and address victims’ rights. But there is still little knowledge about what actually happens when these judicial mechanisms are effectively put to work. Can prosecutions of mass human rights violations contribute to overcome the effects of state violence and impunity? Can trials enable meaningful reparative changes for victims in their local contexts? Analysing the human rights trials in Argentina established to prosecute those responsible for human rights violations during the military dictatorship, this book addresses how and why domestic prosecutions can operate as a means for reparation and contribute to dealing with the damage caused by crimes against humanity. Based on a series of interviews conducted with victims participating in these prosecutions, as well as with lawyers, prosecutors, judges and other relevant actors in five provinces of Argentina, this book will be of considerable interest to those studying and working in the interdisciplinary field of transitional justice and human rights. The PhD thesis on which this book was based was awarded with the 2016 Doctoral Studies Award of the Philipps University of Marburg in Germany.
Author: Raúl Diego Rivera Hernández Publisher: Springer Nature ISBN: 3030511448 Category : Social Science Languages : en Pages : 219
Book Description
This book explores the current human rights crisis created by the War on Drugs in Mexico. It focuses on three vulnerable communities that have felt the impacts of this war firsthand: undocumented Central American migrants in transit to the United States, journalists who report on violence in highly dangerous regions, and the mourning relatives of victims of severe crimes, who take collective action by participating in human rights investigations and searching for their missing loved ones. Analyzing contemporary novels, journalistic chronicles, testimonial works, and documentaries, the book reveals the political potential of these communities’ vulnerability and victimization portrayed in these fictional and non-fictional representations. Violence against migrants, journalists, and activists reveals an array of human rights violations affecting the right to safe transit across borders, freedom of expression, the right to information, and the right to truth and justice.
Author: Alison Crosby Publisher: Rutgers University Press ISBN: 0813598966 Category : History Languages : en Pages : 283
Book Description
Winner of the 2021 Raphael Lemkin Book Award from the Institute for the Study of Genocide Honorable Mention, 2020 CALACS Book Prize Beyond Repair? explores Mayan women’s agency in the search for redress for harm suffered during the genocidal violence perpetrated by the Guatemalan state in the early 1980s at the height of the thirty-six-year armed conflict. The book draws on eight years of feminist participatory action research conducted with fifty-four Q’eqchi’, Kaqchikel, Chuj, and Mam women who are seeking truth, justice, and reparation for the violence they experienced during the war, and the women’s rights activists, lawyers, psychologists, Mayan rights activists, and researchers who have accompanied them as intermediaries for over a decade. Alison Crosby and M. Brinton Lykes use the concept of “protagonism” to deconstruct dominant psychological discursive constructions of women as “victims,” “survivors,” “selves,” “individuals,” and/or “subjects.” They argue that at different moments Mayan women have been actively engaged as protagonists in constructivist and discursive performances through which they have narrated new, mobile meanings of “Mayan woman,” repositioning themselves at the interstices of multiple communities and in their pursuit of redress for harm suffered.
Author: DANIEL VAZQUEZ; ARIADNA ESTEVEZ. Publisher: FLACSO Mexico ISBN: 6078517104 Category : Electronic books Languages : en Pages : 373
Book Description
Análisis crítico con un enfoque multidisciplinario, único hasta ahora en México, de las oportunidades y desafíos de los derechos humanos. Los autores aquí reunidos analizan los derechos humanos como una práctica social que se realiza en medio de relaciones asimétricas de poder, en el marco del ya convulsionado siglo xxi. Pensados como un discurso que se convierte en práctica social y en campo de disputa para la definición de significados, los derechos humanos pueden generar marcos de oportunidad para la transformación político-social pero, también, pueden constituir un obstáculo para el cambio y la construcción de subjetividades emancipadas.
Author: Armin von Bogdandy Publisher: Oxford University Press ISBN: 0192515462 Category : Law Languages : en Pages : 465
Book Description
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Author: Thomas M. Antkowiak Publisher: Oxford University Press ISBN: 0199989680 Category : Law Languages : en Pages : 433
Book Description
This book offers a thorough, critical, and accessible analysis of the American Convention on Human Rights which is the main human rights treaty of the Americas. The authors closely review the jurisprudence and the binding judgments of the two institutions charged with interpreting the Convention: The Inter-American Court of Human Rights and The Inter-American Commission on Human Rights.They focus on the rights most developed by the Court and Commission, namely the rights to equality, life, humane treatment, personal liberty, property, due process and judicial protection, as well as the freedom of expression and reparations. They examine the case law with a victim-centered lens while identifying key jurisprudential developments, discussing critical areas that lack consistency and rigor, and proposing alternative conceptual approaches. Each chapter contains an Introduction to compare the Convention right's formulation with equivalent rights in other major international and regional treaties; a background section to consider the right's negotiation history; a Scope of Protection section to analyze the right's provisions (paragraph-by-paragraph or topic-by-topic); and lastly, a Limitations section, if applicable, to study any limitations to the right. In addition, the book's Introduction presents an up-to-date overview of the dynamic Inter-American Human Rights System, discussing the System's legal instruments, major institutions, significant impact, key developments, and current challenges.
Author: Elin Skaar Publisher: Routledge ISBN: 1317696913 Category : Law Languages : en Pages : 232
Book Description
After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.
Author: Miriam Cohen Publisher: Cambridge University Press ISBN: 1108472680 Category : Fiction Languages : en Pages : 287
Book Description
Provides an original approach to the emerging practice of reparations for international crimes and a fresh analysis of the recent jurisprudence at the International Criminal Court.
Author: Wilson López López Publisher: Springer Nature ISBN: 3030776883 Category : Psychology Languages : en Pages : 328
Book Description
This edited volume highlights how individuals, communities and nations are addressing a history of protracted violence in the transition to peace. This path is not linear or straightforward. The volume integrates research from peace processes and practices spanning over 20 countries. Four thematic areas unite these contributions: formal transitional justice mechanisms, social movements and collective action, community-driven processes, and future-oriented initiatives focused on children and youth. Across these chapters, the volume offers critical insight, new methods, conceptual models, and valuable cross-cultural research. The chapters in this volume balance locally-situated realties of peace, as well as cross-cutting similarities across contexts. This book will be of particular interest to those working for peace on the frontlines, as well as global policymakers aiming to learn from other cases. Academics in the fields of psychology, sociology, education, peace studies, communication, community development, youth studies, and behavioral economics may be particularly interested in this volume.
Author: Olivia Herman
Author: Rosario Layus
Author: Raúl Diego Rivera Hernández
Author: Alison Crosby
Author: DANIEL VAZQUEZ; ARIADNA ESTEVEZ.
Author: Armin von Bogdandy
Author: Thomas M. Antkowiak
Author: Elin Skaar
Author: Miriam Cohen
Author: Wilson López López