Accountability For Human Rights Atrocities In International Law
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Author : Steven R. Ratner,Jason S. Abrams Publisher : Oxford University Press, USA Page : 492 pages File Size : 43,7 Mb Release : 2001 Category : History ISBN : 0198298714
Accountability for Human Rights Atrocities in International Law by Steven R. Ratner,Jason S. Abrams Pdf
The fall of dictatorial regimes and the eruption of civil conflicts around the world have resulted in individuals being held accountable for human rights atrocities. This text details the promise and limitations of international law as a means of enforcing human rights and humanitarian law.
Steven R. Ratner,Jason S. Abrams,James L. Bischoff
Author : Steven R. Ratner,Jason S. Abrams,James L. Bischoff Publisher : Oxford University Press Page : 534 pages File Size : 54,8 Mb Release : 2009 Category : History ISBN : 9780199546664
Accountability for Human Rights Atrocities in International Law by Steven R. Ratner,Jason S. Abrams,James L. Bischoff Pdf
This book explores the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. It analyses the principal crimes, such as genocide and crimes against humanity, and appraises the mechanisms developed to bring individuals to justice.
Accountability for Human Rights Atrocities in International Law by Steven R. Ratner,Jason S. Abrams,James L. Bischoff (Attorney-Adviser) Pdf
This study examines the principal crimes under the law of nations, such as genocide, war crimes and crimes against humanity, and provides a discussion of accountability as it has developed after Nuremberg.
Individual Responsibility in International Law for Serious Human Rights Violations by Lyal S. Sunga Pdf
What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.
Selling Justice Short by Sara Darehshori,Human Rights Watch (Organization) Pdf
This 128-page report draws upon Human Rights Watch's work over the past 20 years in nearly 20 countries. The report documents how ignoring atrocities reinforces a culture of impunity that encourages future abuses. Rather than impede negotiations or a transition to peace, remaining firm on justice can yield short- and long-term benefits. Anticipated negative consequences of pressing for accountability often do not come to pass. Justice is also important as a matter of principle. Fair trials may assist in restoring dignity to victims by acknowledging their suffering--Publisher description.
Accountability for Human Rights Violations by International Organisations by Jan Wouters Pdf
With the proliferation of international organizations and their ever increasing role in a wide range of policy fields, situations multiply in which human rights are threatened or violated through the actions, operations, or policies of such organizations. This book is the first to explore these problems in a comprehensive manner and to examine the accountability mechanisms that are available. In the first section, the contributions study general concepts, such as the accountability of international organizations as an evolving legal concept, international organizations as independent actors, the logic of sliding scales in the law of international responsibility, and the relations between the international organizations and their Member States in regard to their respective obligations and responsibilities. Subsequent parts of the book focus on the accountability for human rights violations attributable to international organizations in four areas: peace and humanitarian operations, international civil administration, economic governance, and the staff of international organizations.
The Human Rights Accountability Mechanisms of International Organizations by Stian Øby Johansen Pdf
Establishes a framework for analyzing and assessing the accountability mechanisms of international organizations, and applies it to three case studies.
National Accountability for International Crimes in Africa by Emma Charlene Lubaale,Ntombizozuko Dyani-Mhango Pdf
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.
Atrocities and International Accountability by Edel Hughes,William Schabas,Ramesh Chandra Thakur Pdf
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.
Promoting Accountability under International Law for Gross Human Rights Violations in Africa by Charles Chernor Jalloh,Alhagi B.M. Marong Pdf
Promoting Accountability under International Law for Gross Human Rights Violations in Africa reflects primarily upon the work of the International Criminal Tribunal for Rwanda in challenging impunity for serious crimes committed in Rwanda in 1994. The authors, among whom are leading scholars and practitioners of international law, draw lessons for future tribunals such as the permanent International Criminal Court.
Civil Responsibility for Gross Human Rights Violations by Sascha-Dominik Bachmann Pdf
The book investigates the development under international human rights law with regards to human rights protection with the overall objective to develop an argument for a future international regime of civil liability for individual and corporate perpetrator of gross human violations.
Complicity and the Law of International Organizations by Magdalena Pacholska Pdf
This timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN’s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment.
Amnesty in the Age of Human Rights Accountability by Francesca Lessa,Leigh A. Payne Pdf
This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.
State Accountability Under International Law by Lisa Yarwood Pdf
This book considers the extent to which States are held accountable for breaches of jus cogens norms under international law. The concept of State accountability is distinguished from the doctrine of State responsibility and refers to an ad hoc practice in international relations that seeks to ensure States do not escape with impunity when they violate norms that are considered fundamental to the interests of the international community as a whole. State Accountability under International Law sets forth a definition of State accountability and establishes a threshold against which the existence, or not, of State accountability can be determined. Using a Foucauldian influenced interpretive methodology, this book adopts a novel construction of State accountability as having legal, political and even moral characteristics. It argues that the international community seeks to hold States accountable utilising a variety of traditional and non-traditional responses that cumulatively recognise that the institutions that comprise and legitimise the State were instrumental in the particular breach. Using case studies taken from State practice from throughout the twentieth century and covering a range of geographic contexts, the conclusion is that there is evidence that State accountability, as it is conceptualised here, is evolving into a legal principle. The book draws together the many academic theories relating to accountability that have arisen in various areas of international law including environmental law, human rights and trade law before going on to examine an emerging practice of State accountability. A variety of ad hoc attempts and informal mechanisms are assessed against the threshold of State accountability established, with emphasis being given to practical examples ranging from the accountability of Germany and Japan after World War Two to the current attempts to seek accountability from Russia for former crimes of the USSR.
