An Insider S Guide To The International Criminal Tribunal For The Former Yugoslavia A Documentary History And Analysis 1 1995

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An insider's guide to the International Criminal Tribunal for the former Yugoslavia : a documentary history and analysis. 1 (1995)

Author : Virginia Morris,Michael P. Scharf
Publisher : Unknown
Page : 501 pages
File Size : 55,7 Mb
Release : 1995
Category : International criminal courts
ISBN : OCLC:312146269

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An insider's guide to the International Criminal Tribunal for the former Yugoslavia : a documentary history and analysis. 1 (1995) by Virginia Morris,Michael P. Scharf Pdf

Justice Framed

Author : Marcos Zunino
Publisher : Cambridge University Press
Page : 325 pages
File Size : 50,9 Mb
Release : 2019-03-14
Category : Law
ISBN : 9781108475259

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Justice Framed by Marcos Zunino Pdf

A new perspective on the history of transitional justice and why the discourse prioritises particular responses to human rights violations.

The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Author : Bert Swart,A. H. J. Swart,Alexander Zahar,Göran Sluiter
Publisher : Oxford University Press
Page : 585 pages
File Size : 54,8 Mb
Release : 2011-05-19
Category : Law
ISBN : 9780199573417

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The Legacy of the International Criminal Tribunal for the Former Yugoslavia by Bert Swart,A. H. J. Swart,Alexander Zahar,Göran Sluiter Pdf

The most prolific international criminal court to date, the International Criminal Tribunal for the Former Yugoslavia had a broad impact on international law, human rights, the creation of the International Criminal Court, and the rule of law in the former Yugoslavia. In this book a group of leading experts take stock of its performance and legacy.

The International Criminal Tribunal for the Former Yugoslavia

Author : Rachel Kerr
Publisher : OUP Oxford
Page : 248 pages
File Size : 54,8 Mb
Release : 2004-01-15
Category : Political Science
ISBN : 9780191532375

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The International Criminal Tribunal for the Former Yugoslavia by Rachel Kerr Pdf

On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice - politics and law. The establishment of ad hoc tribunals for the former Yugoslavia and Rwanda was followed by the adoption of the Rome Statute of the ICC in July 1998, the arrest of General Augusto Pinochet in London in October 1998, and the establishment of ad hoc tribunals in Cambodia, Sierra Leone, and East Timor, all of which pointed to an emerging norm of international criminal justice. The key to understanding this is the relationship between the political mandate and the judicial function. The Tribunal was established as a tool of politics, but it was a judicial, not a political tool. This book provides a systematic examination of the Tribunal, what it is, why it was established, how it functions, and where its significance lies. The central question is whether an international judicial institution, such as the Tribunal, can operate in a highly politicized context and fulfill an explicit political purpose, without the judicial process becoming politicized. Separate chapters chart the origins of the court, the process of establishment, jurisdiction, procedure, state co-operation, including obtaining custody of accused, and the role and function of the Chief Prosecutor. This last element is the key to the Tribunal's success in maintaining a delicate balancing act so that its external political function does not impinge on its impartial judicial status, and instead enhances its effectiveness. The book concludes with an assessment of the conduct of the Milosevic case to date.

Responding to Mass Atrocities in Africa

Author : Raymond Kwun-Sun Lau
Publisher : Routledge
Page : 222 pages
File Size : 43,7 Mb
Release : 2021-12-14
Category : Political Science
ISBN : 9780429619830

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Responding to Mass Atrocities in Africa by Raymond Kwun-Sun Lau Pdf

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.

International Crimes: Law and Practice

Author : Guénaël Mettraux
Publisher : Oxford University Press, USA
Page : 961 pages
File Size : 52,5 Mb
Release : 2020-04-09
Category : Law
ISBN : 9780198860099

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International Crimes: Law and Practice by Guénaël Mettraux Pdf

Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This second volume discusses in detail crimes against humanity.

Historical Origins of International Criminal Law

Author : Morten Bergsmo,CHEAH Wui Ling,SONG Tianying,YI Ping
Publisher : Torkel Opsahl Academic EPublisher
Page : 998 pages
File Size : 50,9 Mb
Release : 2015-11-19
Category : Law
ISBN : 9788283480160

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Historical Origins of International Criminal Law by Morten Bergsmo,CHEAH Wui Ling,SONG Tianying,YI Ping Pdf

The Legal Practice in International Law And European Community Law

Author : Carlos Jiménez Piernas
Publisher : Martinus Nijhoff Publishers
Page : 706 pages
File Size : 46,8 Mb
Release : 2007
Category : Law
ISBN : 9789004154261

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The Legal Practice in International Law And European Community Law by Carlos Jiménez Piernas Pdf

This work offers a Spanish perspective on contemporary practice in international law and European Community law by genuine practitioners such as registrars, judges and magistrates serving on national and international courts, as well as advocates practicing in these courts, senior international officials, government advisers and academics. In five parts this book deals with the practice in international courts; practice in international organizations; the European Community practice and; Spanish practice in matters of public and private international law. The last part contains an article on evidence in international practice and a general overview for further research. The book offers a very useful insight in matters otherwise available in Spanish, such as the applications against Spain lodged with the European Court of Human Rights, a comparison between the Spanish Constitutional Court and the Court of Justice of the European Communities, public international law before Spanish domestic courts and the Spanish practice on investment treaties.

Taking Life Imprisonment Seriously

Author : Kenneth G. Zysk
Publisher : BRILL
Page : 252 pages
File Size : 43,6 Mb
Release : 2002-04-01
Category : Law
ISBN : 9789047403098

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Taking Life Imprisonment Seriously by Kenneth G. Zysk Pdf

Life imprisonment is a complex and drastic penal sanction. It gives the State the power to curtail the liberty of offenders for the rest of their lives. In many jurisdictions life imprisonment is the ultimate sanction for the most serious crimes. It is frequently touted as an alternative to the death penalty. At the same time, life imprisonment is often imposed as a preventive measure, where the offence alone does not justify using the ultimate sanction in the penal arsenal. The complexity of life imprisonment is frequently overlooked. Often it is assumed that it is not as drastic as it sounds, as it will not be enforced for the whole life of the offender. There may also be a reluctance to subject life imprisonment to close scrutiny, lest its perceived suitability as an alternative to the death penalty be undermined. This book tackles the complexity of life imprisonment head on by describing how various forms of it are imposed and implemented in the United States of America, in England and Wales and in Germany, as well as in the emerging international system of criminal justice. From this basis it examines the justifications advanced for life imprisonment and the modifications that have resulted in individual jurisdictions in response to criticisms of its imposition and implementation. At the same time, the book develops a more general critique of life imprisonment. It evaluates it against constitutional human rights standards that have been developed in many jurisdictions to judge the acceptability of punishment generally. It concludes that some current practices in both the imposition and implementation of life imprisonment clearly are fundamentally unacceptable, but that questions remain, even about carefully implemented life sentences imposed for the most serious crimes. The jurisprudential analysis provides the basis for a major re-evaluation of life imprisonment and raises doubts about the unquestioning acceptance of this ultimate penalty.

Women, Armed Conflict and International Law

Author : Judith G. Gardam,Michelle J. Jarvis
Publisher : BRILL
Page : 306 pages
File Size : 52,9 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004482005

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Women, Armed Conflict and International Law by Judith G. Gardam,Michelle J. Jarvis Pdf

The role that gender plays in determining the experience of those caught up in armed conflict has long been overlooked. Moreover, the extent to which gender influences the international legal regime designed to address the humanitarian problems arising from armed conflict has similarly been ignored. In the early 1990s, prompted by extensive media coverage of the rape of women during the conflict in Bosnia Herzegovina, the international community was forced to critically examine the capacity of international law to respond to such crimes. The prevalence of sexual violence, is, however, merely one aspect of the distinctive impact of conflict on women. Although a range of factors influence the way individual women experience armed conflict, the endemic gender discrimination that exists in all societies is a common theme: from Cambodia, where women land-mine victims are less likely to receive treatment for their injuries than are men; to South Africa, where women widowed during the Apartheid years have become outcasts in their own society. To date, the extent to which international law addresses the myriad of ways in which women are affected by armed conflict has received little attention. This work takes the experience of women of armed conflict, matches it with existing provisions of international law, and investigates reasons for the silence of the latter in relation to these events for women. It is the first broad-based critique of international humanitarian law from a gender perspective. The contribution of the United Nations, through its focus on human rights, to improving the protection of women in armed conflict is also considered. The authors underscore the need for new approaches to the issue of women and armed conflict, and canvass a range of options for moving forward.

Power and Principle

Author : Christopher Rudolph
Publisher : Cornell University Press
Page : 247 pages
File Size : 42,6 Mb
Release : 2017-04-18
Category : Political Science
ISBN : 9781501708411

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Power and Principle by Christopher Rudolph Pdf

On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world’s most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.

Parry & Grant Encyclopaedic Dictionary of International Law

Author : Clive Parry,John P. Grant,J. Craig Barker
Publisher : Oxford University Press
Page : 702 pages
File Size : 52,9 Mb
Release : 2009
Category : Law
ISBN : 9780195389777

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Parry & Grant Encyclopaedic Dictionary of International Law by Clive Parry,John P. Grant,J. Craig Barker Pdf

Rev. ed. of : Parry and Grant encyclopaedic dictionary of international law. 2nd ed. 2004.