Courting Conflict

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Courting Conflict

Author : Lisa Hajjar
Publisher : Univ of California Press
Page : 337 pages
File Size : 43,8 Mb
Release : 2005-01-31
Category : History
ISBN : 9780520937987

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Courting Conflict by Lisa Hajjar Pdf

Israel's military court system, a centerpiece of Israel's apparatus of control in the West Bank and Gaza since 1967, has prosecuted hundreds of thousands of Palestinians. This authoritative book provides a rare look at an institution that lies both figuratively and literally at the center of the Israeli-Palestinian conflict. Lisa Hajjar has conducted in-depth interviews with dozens of Israelis and Palestinians—including judges, prosecutors, defense lawyers, defendants, and translators—about their experiences and practices to explain how this system functions, and how its functioning has affected the conflict. Her lucid, richly detailed, and theoretically sophisticated study highlights the array of problems and debates that characterize Israel's military courts as it asks how the law is deployed to protect and further the interests of the Israeli state and how it has been used to articulate and defend the rights of Palestinians living under occupation.

Courting Conflict

Author : Lisa Hajjar
Publisher : Univ of California Press
Page : 336 pages
File Size : 44,8 Mb
Release : 2005-01-31
Category : History
ISBN : 9780520241947

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Courting Conflict by Lisa Hajjar Pdf

How Israeli military courts function in the occupied territories

Courting Conflict?

Author : Nicholas Waddell,Phil Clark
Publisher : Young Writers
Page : 80 pages
File Size : 44,5 Mb
Release : 2008
Category : International crimes
ISBN : 0955862205

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Courting Conflict? by Nicholas Waddell,Phil Clark Pdf

The International Criminal Court's operations in Africa have encountered significant difficulties. While the work of the Court has taken concrete shape, so have its challenges. The title of this collection, Courting Conflict?, alludes to the inherent problems of pursuing justice in the midst of violence. It also points to the tremendous controversy generated by the ICC's work to date, not least the charge leveled at the Court that its actions risk prolonging conflict by jeopardizing peace deals. This collection investigates the politics of the ICC's interventions in Africa. Rather than exploring the progress of the ICC per se, the essays address Africa's encounters with the Court and the Court's encounters with Africa. The authors avoid treating African countries simply as a geographical arena for a new international justice body. They also resist discussing the ICC in legal terms only. Instead, the essays situate debates about the Court in specific social, cultural and political contexts where contending local, national and international pressures apply. The contributors address the ICC's relationships with the governments, non-state groups, national judiciaries and local populations of the countries where it is active. Coverage of the ICC has often belied the complexity of these relationships and has either romanticized or demonized the Court's interventions. These essays take the form of short comment pieces, written to stir and broaden debate on the ICC but also to help move it beyond the sensational and oversimplified.

Justice in Conflict

Author : Mark Kersten
Publisher : Oxford University Press
Page : 280 pages
File Size : 54,6 Mb
Release : 2016-06-24
Category : Law
ISBN : 9780191082931

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Justice in Conflict by Mark Kersten Pdf

What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

The ABC of the OPT

Author : Orna Ben-Naftali,Michael Sfard,Hedi Viterbo
Publisher : Cambridge University Press
Page : 583 pages
File Size : 44,7 Mb
Release : 2018-05-10
Category : Law
ISBN : 9781107156524

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The ABC of the OPT by Orna Ben-Naftali,Michael Sfard,Hedi Viterbo Pdf

A lexicon of the legal, administrative, and military terms and concepts central to the Israeli occupation of the Palestinian Territories.

The Responsibility to Protect

Author : Gareth Evans
Publisher : Rowman & Littlefield
Page : 369 pages
File Size : 50,9 Mb
Release : 2009-08-01
Category : Political Science
ISBN : 9780815701804

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The Responsibility to Protect by Gareth Evans Pdf

"Never again!" the world has vowed time and again since the Holocaust. Yet genocide, ethnic cleansing, and other mass atrocity crimes continue to shock our consciences—from the killing fields of Cambodia to the machetes of Rwanda to the agony of Darfur. Gareth Evans has grappled with these issues firsthand. As Australian foreign minister, he was a key broker of the United Nations peace plan for Cambodia. As president of the International Crisis Group, he now works on the prevention and resolution of scores of conflicts and crises worldwide. The primary architect of and leading authority on the Responsibility to Protect ("R2P"), he shows here how this new international norm can once and for all prevent a return to the killing fields. The Responsibility to Protect captures a simple and powerful idea. The primary responsibility for protecting its own people from mass atrocity crimes lies with the state itself. State sovereignty implies responsibility, not a license to kill. But when a state is unwilling or unable to halt or avert such crimes, the wider international community then has a collective responsibility to take whatever action is necessary. R2P emphasizes preventive action above all. That includes assistance for states struggling to contain potential crises and for effective rebuilding after a crisis or conflict to tackle its underlying causes. R2P's primary tools are persuasion and support, not military or other coercion. But sometimes it is right to fight: faced with another Rwanda, the world cannot just stand by. R2P was unanimously adopted by the UN General Assembly at the 2005 World Summit. But many misunderstandings persist about its scope and limits. And much remains to be done to solidify political support and to build institutional capacity. Evans shows, compellingly, how big a break R2P represents from the past, and how, with its acceptance in principle and effective application in practice, the promise of "Never

Conflicts in a Conflict

Author : Michael Karayanni,Center for International Legal Education
Publisher : Oxford University Press
Page : 256 pages
File Size : 46,5 Mb
Release : 2014-04-30
Category : Law
ISBN : 9780199366460

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Conflicts in a Conflict by Michael Karayanni,Center for International Legal Education Pdf

Conflicts in a Conflict outlines and analyzes the legal doctrines instructing the Israeli courts in private and civil disputes involving the Occupied Palestinian Territories of the West Bank and the Gaza Strip, since 1967 until the present day. In doing so, author, Michael Karayanni sheds light on a whole sphere of legal designs and norms that have not received any thorough scholarly attention, as most of the writings thus far have been on issues pertaining to international law, human rights, history, and politics. For the most part, Israeli courts turned to conflict of laws, or private international law to address private disputes implicating the Palestinian Territories. After making a thorough investigation into the jurisdictional designs of the West Bank and the Gaza Strip, both before and after the Oslo Peace Accords, Conflicts in a Conflict comes to focus on traditional topics such as adjudicative jurisdiction, choice of law, and recognitions and enforcement of judgments. Related issues such as the foreign sovereign immunity claim of the Palestinian Authority before Israeli courts as well as the extent to which Palestinian plaintiffs were granted access to justice rights, are also outlined and analyzed. This book's compelling thesis is the existence of a close relationship between conflict of laws doctrines as they developed over the years and Israeli policies generally in respect of the Palestinian Territories. This study of the conflict of laws in a war setting and conflict of laws in a jurisdictionally ambiguous location, will greatly serve scholars and practitioners in similarly troubled and complex legal situations elsewhere.

Justice for Victims before the International Criminal Court

Author : Luke Moffett
Publisher : Routledge
Page : 321 pages
File Size : 50,8 Mb
Release : 2014-06-27
Category : Law
ISBN : 9781317910824

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Justice for Victims before the International Criminal Court by Luke Moffett Pdf

Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.

Contemporary Issues Facing the International Criminal Court

Author : Richard H. Steinberg
Publisher : Martinus Nijhoff Publishers
Page : 495 pages
File Size : 45,9 Mb
Release : 2016-04-08
Category : Law
ISBN : 9789004304451

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Contemporary Issues Facing the International Criminal Court by Richard H. Steinberg Pdf

Contemporary Issues Facing the International Criminal Court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. Topics include: • Jurisdiction: The 2008-2009 Gaza Issue • The Obligation to Arrest in the Darfur Context • Appropriate Limitations on Oversight • The ICC and Prevention of Crimes • Reparations • Proving Mass Rape • Focus on Africa: Is the ICC Biased? • Increasing Rates of Apprehension and Arrest Richard H. Steinberg is Professor of Law and Political Science at the University of California (Los Angeles), and Editor-in-Chief of www.ICCforum.com, a collaboration with the Office of the Prosecutor of the International Criminal Court. Fatou B. Bensouda, who wrote the foreword, is Prosecutor of the International Criminal Court.

The Local Impact of the International Criminal Court

Author : Marieke Wierda
Publisher : Cambridge University Press
Page : 333 pages
File Size : 48,9 Mb
Release : 2023-08-31
Category : Law
ISBN : 9781009152747

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The Local Impact of the International Criminal Court by Marieke Wierda Pdf

An analysis of the local impact of the International Criminal Court in four countries: Afghanistan, Colombia, Libya and Uganda.

Post-Conflict Rebuilding and International Law

Author : Ray Murphy
Publisher : Routledge
Page : 546 pages
File Size : 47,7 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351909679

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Post-Conflict Rebuilding and International Law by Ray Murphy Pdf

This volume presents the research analysis of a range of scholars and experts on post conflict peacebuilding and international law from a variety of perspectives and missions. The selected essays show that peacebuilding, like the concept of peacekeeping, is not specifically provided for in the UN Charter. They also demonstrate that the record of peacebuilding, like that of peacekeeping, is varied and while both concepts are intrinsically linked, neither lends itself to precise definition. The essays consider the historical approaches to peacebuilding such as the role played by the UN in the Congo in the early 1960s and the work of the United States and its allies in rebuilding Germany and Japan in the aftermath of World War II. Finally, essays consider the major challenge for contemporary peacebuilding operations to make international administrations accountable and to ensure the involvement of the international community in helping rebuild communities and prevent the resurgence of violence.

Intersections of Law and Culture at the International Criminal Court

Author : Julie Fraser,Brianne McGonigle Leyh
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 47,8 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781839107306

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Intersections of Law and Culture at the International Criminal Court by Julie Fraser,Brianne McGonigle Leyh Pdf

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

The International Criminal Court and Peace Processes

Author : Linus Nnabuike Malu
Publisher : Springer
Page : 265 pages
File Size : 51,7 Mb
Release : 2019-05-31
Category : Social Science
ISBN : 9783030199050

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The International Criminal Court and Peace Processes by Linus Nnabuike Malu Pdf

This book explores the extent to which the International Criminal Court (ICC) has influenced peace processes in Cȏte d’Ivoire, Kenya and Uganda. It examines how the prosecution of those who bear the greatest responsibility for crimes committed in these countries may have negatively or positively influenced the process of making peace in their wake. It is concerned with how international accountability affects post-conflict countries and what the ICC brings to peace processes. The central question addressed by the book is whether justice spurs peace in post- conflict societies or whether justice complicates the peace process. If so, how? Relying on qualitative studies in these countries, this book comparatively analyses the impact of the interventions of the ICC in Uganda (2004), Kenya (after the 2007/2008 post-election violence), and Cȏte d’Ivoire. Its aim is to provide an evidence-based account of how the involvement of the ICC in these countries influences the processes of promoting peace. To gauge this, Malu develops an analytical framework which is based on four variables: deterrence, victims’ rights, reconciliation and accountability to the law. This book will appeal to those interested in post-conflict reconstruction, transitional justice, peace studies, conflict transformation, and international criminal law, including peace practitioners and those working in the field of international justice.

Doing Justice to Court Interpreting

Author : Miriam Shlesinger,Franz Pöchhacker
Publisher : John Benjamins Publishing
Page : 256 pages
File Size : 42,6 Mb
Release : 2010-10-21
Category : Language Arts & Disciplines
ISBN : 9789027287625

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Doing Justice to Court Interpreting by Miriam Shlesinger,Franz Pöchhacker Pdf

First published as a Special Issue of Interpreting (10:1, 2008) and complemented with two articles published in Interpreting (12:1, 2010), this volume provides a panoramic view of the complex and uniquely constrained practice of court interpreting. In an array of empirical papers, the nine authors explore the potential of court interpreters to make or break the proceedings, from the perspectives of the minority language speaker and of the other participants. The volume offers thoughtful overviews of the tensions and conflicts typically associated with the practice of court interpreting. It looks at the attitudes of judicial authorities towards interpreting, and of interpreters towards the concept of a code of ethics. With further themes such as the interplay of different groups of "linguists" at the Tokyo War Crimes Tribunal and the language rights of indigenous communities, it opens novel perspectives on the study of interpreting at the interface between the letter of the law and its implementation.

Social Justice and Israel/Palestine

Author : Aaron J. Hahn Tapper,Mira Sucharov
Publisher : University of Toronto Press
Page : 290 pages
File Size : 54,7 Mb
Release : 2019-06-24
Category : Arab-Israeli conflict
ISBN : 9781487588069

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Social Justice and Israel/Palestine by Aaron J. Hahn Tapper,Mira Sucharov Pdf

This book critically assesses a series of complex and topical debates helping readers to make sense of the politics surrounding the Israeli-Palestinian relationship. Each chapter considers one topic, represented by two or three essays offered in conversation with one another. Together, these essays advance different perspectives; in some cases they are complementary and in others they are oppositional. Topics include scholarly and activist interpretations of narratives in the context of Israel/Palestine; the concept of self-determination for Jewish Israelis and Palestinians; the debate over settler-colonialism as an appropriate framework for interpreting the history of Israel/Palestine; and questions surrounding Jewish and Palestinian refugees and the impact of displacement, among others. Through these foundational and contemporary topics, readers will be challenged to critically examine the strengths and weaknesses of each position in light of scholarly debates rooted in social justice and helped to gain a deeper understanding of the relationship between Israelis and Palestinians in order to see a path forward toward justice for all.