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Author : Joe Kaye
Publisher : Unknown
Page : 400 pages
File Size : 42,9 Mb
Release : 2013-05-04
Category : Electronic
ISBN : 1484884256
A comparison of the moral standing of the elite versus that of the street criminal to the great disadvantage of the elite.
Author : Yves Beigbeder
Publisher : BRILL
Page : 241 pages
File Size : 55,8 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004480070
In spite of the Geneva and The Hague Conventions of the late 19th century, the Twentieth Century has been a century of massacres and genocides: the massacres due to European colonialism, two World Wars, the Holocaust, the Armenian and the Rwanda genocides, the casualties caused by the Communist utopia in the USSR, China and Cambodia, and numerous civil wars. Most of the leaders mainly responsible for these massacres and genocides have enjoyed impunity. However, there is a slow popular awakening to the fact that leaders should be accountable for their crimes. A human rights regime was created after World War II, international criminal law has taken root with the Nuremberg and Tokyo Tribunals, and, in the 1990's with the International Criminal Tribunals for the Former Yugoslavia and for Rwanda. In 1998, the Statute for an International Criminal Court was adopted, while the arrest of former dictator Pinochet in London has created both a political storm and a judiciary advance. The "Princeton Principles on Universal Jurisdiction" have been publicized in an effort to strengthen the application of international law in national legal systems. In Cambodia and Sierra Leone, mixed national/international courts are being set up to try criminal leaders. This unique volume offers the reader an overview of the various models which are emerging to ensure that criminal leaders and their collaborators are made accountable for their schemes and actions, and clearly illustrates how national, international and mixed national/international tribunals are slowly eroding the impunity of criminal leaders.
Author : Judith Armatta
Publisher : Duke University Press
Page : 578 pages
File Size : 42,7 Mb
Release : 2010-07-30
Category : Law
ISBN : 9780822391791
An eyewitness account of the first major international war-crimes tribunal since the Nuremberg trials, Twilight of Impunity is a gripping guide to the prosecution of Slobodan Milosevic for war crimes, crimes against humanity, and genocide. The historic trial of the “Butcher of the Balkans” began in 2002 and ended abruptly with Milosevic’s death in 2006. Judith Armatta, a lawyer who spent three years in the former Yugoslavia during Milosevic’s reign, had a front-row seat at the trial. In Twilight of Impunity she brings the dramatic proceedings to life, explains complex legal issues, and assesses the trial’s implications for victims of the conflicts in the Balkans during the 1990s and international justice more broadly. Armatta acknowledges the trial’s flaws, particularly Milosevic’s grandstanding and attacks on the institutional legitimacy of the International Criminal Tribunal. Yet she argues that the trial provided an indispensable legal and historical narrative of events in the former Yugoslavia and a valuable forum where victims could tell their stories and seek justice. It addressed crucial legal issues, such as the responsibility of commanders for crimes committed by subordinates, and helped to create a framework for conceptualizing and organizing other large-scale international criminal tribunals. The prosecution of Slobodan Milosevic in The Hague was an important step toward ending impunity for leaders who perpetrate egregious crimes against humanity.
Author : Yves Beigbeder
Publisher : BRILL
Page : 257 pages
File Size : 42,9 Mb
Release : 2005-06-01
Category : Law
ISBN : 9789047407799
Evidence shows that national justice has been slow, ineffective or unwilling to judge major political and military leaders responsible for genocide, war crimes and crimes against humanity on a large scale. Hence the justification for international criminal justice. This book reviews the achievements and limitations of the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the creation of mixed national/international courts: the Special Court for Sierra Leone and the Cambodia Tribunal. The major, unexpected and promising judiciary innovation is however the creation of the International Criminal Court in 1998, supported by the UN, European Union members and other countries, effectively promoted by NGOs, but strongly opposed by the USA. The Court will have to show that it is a fair and valuable instrument in fighting impunity at the international level. Not a legal treatise, this book combines historical, legal and political elements in a highly readable text on the development of international criminal justice, which should be of interest to both the academic community, international organisations and concerned observers.
Author : Michael Welch
Publisher : Rutgers University Press
Page : 239 pages
File Size : 55,6 Mb
Release : 2009-01-07
Category : Social Science
ISBN : 9780813546506
Since 9/11, a new configuration of power situated at the core of the executive branch of the U.S. government has taken hold. In Crimes of Power & States of Impunity, Michael Welch takes a close look at the key historical, political, and economic forces shaping the country's response to terror. Welch continues the work he began in Scapegoats of September 11th and argues that current U.S. policies, many enacted after the attacks, undermine basic human rights and violate domestic and international law. He recounts these offenses and analyzes the system that sanctions them, offering fresh insight into the complex relationship between power and state crime. Welch critically examines the unlawful enemy combatant designation, Guantanamo Bay, recent torture cases, and collateral damage relating to the war in Iraq. This book transcends important legal arguments as Welch strives for a broader sociological interpretation of what transpired early this century, analyzing the abuses of power that jeopardize our safety and security.
Author : Darryl Robinson
Publisher : Oxford University Press
Page : 896 pages
File Size : 46,6 Mb
Release : 2020-02-24
Category : Law
ISBN : 9780192558886
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Author : Shadi Sadr,Shadi Amin
Publisher : Aida Book
Page : 290 pages
File Size : 53,8 Mb
Release : 2012-12
Category : Electronic
ISBN : 3944191900
Throughout the 1980s in Iran, thousands of individuals were arrested and detained for supposedly supporting or participating in oppositional political organizations that were critical of the Islamic Republic regime's undemocratic practices. So far, many reputable reports have been published detailing the various torture methods inflicted upon the political prisoners in that decade. 1 However, despite anecdotal evidence on sexual abuses in the prisons of Iran, the topic has not yet been subject to systematic study. This report based on the first phase of the research project, 'Crimes without Punishment', aims to document the cases of rape and other forms of sexual torture used against female political prisoners in the 1980s. The second report will cover the subsequent period between 1990s-2009, and the third will cover events following the 2009 elections.
Author : Karen Engle,Zinaida Miller,D. M. Davis
Publisher : Cambridge University Press
Page : 401 pages
File Size : 44,6 Mb
Release : 2016-12-15
Category : Law
ISBN : 9781107079878
This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.
Author : Michael D'Antonio,Peter Eisner
Publisher : Thomas Dunne Books
Page : 290 pages
File Size : 44,7 Mb
Release : 2020-10-20
Category : Political Science
ISBN : 9781250766687
Two award-winning journalists offer the most comprehensive inside story behind our most significant modern political drama: the House impeachment of Donald Trump. Having spent a year essentially embedded inside several House committees, Michael D'Antonio and Peter Eisner draw on many sources, including key House leaders, to expose the politicking, playcalling, and strategies debated backstage and to explain the Democrats' successes and apparent public failures during the show itself. High Crimes opens with Nancy Pelosi deciding the House should take up impeachment, then, in part one, leaps back to explain what Ukraine was really all about: not just Joe Biden and election interference, but a money grab and oil. In the second part, the authors recount key meetings throughout the run up to the impeachment hearings, including many of the heated confrontations between the Trump administration and House Democrats. And the third part takes readers behind the scenes of those hearings, showing why certain things happened the way they did for reasons that never came up in public. In the end, having illuminated every step of impeachment, from the schemes that led Giuliani to the Ukraine in 2016 to Fiona Hill's rebuking the Republicans' conspiracy theories, High Crimes promises to be Trump's Final Days.
Author : Frank Haldemann,Thomas Unger
Publisher : Oxford University Press
Page : 360 pages
File Size : 46,9 Mb
Release : 2018-03-21
Category : Law
ISBN : 9780191061295
The fight against impunity has become a growing concern of the international community. Updated in 2005, the UN Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity is the fruit of several years of study, developed under the aegis of the UN Commission on Human Rights and then affirmed by the Human Rights Council. These Principles are today widely accepted as constituting an authoritative reference point for efforts in the fight against impunity for gross human rights abuses and serious violations of international humanitarian law. As a comprehensive attempt to codify universal accountability norms, the UN Set of Principles marks a significant step forward in the debate on the obligation of states to combat impunity in its various forms. Bringing together leading experts in the field, this volume provides comprehensive academic commentary of the 38 principles. The book is a perfect companion to the document, setting out the text of the Principles alongside detailed analysis, as well as a full introduction and a guide to the relevant literature and case law. The commentary advances debates and clarifies complex legal issues, making it an essential resource for legal academics, students, and practitioners working in fields such as human rights, international criminal law, and transitional justice.
Author : Mauro Politi
Publisher : Routledge
Page : 342 pages
File Size : 50,6 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351540766
This book focuses on the Statute of the International Criminal Court, gathering contributions by leading scholars and diplomats. It examines the main features of the Statute, highlighting its strengths and weaknesses, the role of the ICC in the international protection of human rights and the impact of the ICC Statute on the international criminal justice system. It also offers an evaluation of the prospect for the functioning of the ICC in the future.
Author : Thomas MacManus
Publisher : Routledge
Page : 270 pages
File Size : 46,7 Mb
Release : 2018-01-29
Category : Business & Economics
ISBN : 9781351210188
This book highlights the continuing impunity enjoyed by corporations for large scale crimes, and in particular the crime of toxic waste dumping in Ivory Coast in 2006. It provides an account of the crime, and outlines contributory reasons for the impunity both under the law and from a criminological point of view. Furthermore, the book reveals the retrogressive role of civil society organisations (CSOs) in Ivory coast, contrary to the societal expectations made of 'non-governmental' organisations (NGOs) and CSOs. This book reveals that in the case of this particular example of state-corporate crime, civil society as an agency of censure and sanction actually played a distinctly retrogressive role. Here, in fact, state and state-corporate crime facilitates corruption within the civil society sphere through a process referred to in the book as the ‘commodification of victimhood’ and, as a result, ensures that impunity is virtually guaranteed for the corporation and the Ivorian government. This book also examines the failure of international and domestic legal measures to sanction the perpetrators alongside civil society’s shortcomings and ultimately advocates a more cautionary approach to civil society’s potential to label, censure and sanction large-scale state-corporate crime. This book will help readers understand the difficulties in sanctioning such crime as well as promoting the theoretical framework of state crime, the understanding of which could lead to the alleviation of human suffering at the hands of criminal states and corporations.
Author : Carla Del Ponte,Chuck Sudetic
Publisher : Other Press, LLC
Page : 510 pages
File Size : 54,7 Mb
Release : 2011-10-11
Category : Biography & Autobiography
ISBN : 9781590515372
Carla Del Ponte won international recognition as Switzerland's attorney general when she pursued cases against the Sicilian mafia. In 1999, she answered the United Nations' call to become the chief prosecutor of the International Criminal Tribunal for the former Yugoslavia and for Rwanda. In her new role, Del Ponte confronted genocide and crimes against humanity head-on, struggling to bring to justice the highest-ranking individuals responsible for massive acts of violence in Rwanda, Bosnia and Herzegovina, Croatia, and Kosovo. These tribunals have been unprecedented. They operate along the edge of the divide between national sovereignty and international responsibility, in the gray zone between the judicial and the political, a largely unexplored realm for prosecutors and judges. It is a realm whose native inhabitants–political leaders and diplomats, soldiers and spies–assume that they can commit the big crime without being held culpable. It is a realm crisscrossed by what Del Ponte calls the muro di gomma –"the wall of rubber"– a metaphor referring to the tactics government officials use to hide their unwillingness to confront the culture of impunity that has allowed persons responsible for acts of unspeakable, wholesale violence to escape accountability. Madame Prosecutor is Del Ponte's courageous and startling memoir of her eight years spent striving to serve justice.
Author : Ornella Rovetta,Pieter Lagrou
Publisher : Berghahn Books
Page : 0 pages
File Size : 55,9 Mb
Release : 2021-11
Category : History
ISBN : 9781800732612
Over the course of the long and violent twentieth century, only a minority of international crime perpetrators ever stood trial, and a central challenge of this era was the effort to ensure that not all these crimes remained unpunished. This required not only establishing a legal record but also courage, determination, and inventiveness in realizing justice. Defeating Impunity moves from the little-known trials of the 1920s to the Yugoslavia tribunal in the 2000s, from Belgium in 1914 to Ukraine in 1943, and to Stuttgart and Düsseldorf in 1975. It illustrates the extent to which the language of law drew an international horizon of justice.
Author : Lionel Nichols
Publisher : Springer
Page : 278 pages
File Size : 49,5 Mb
Release : 2015-02-02
Category : Political Science
ISBN : 9783319107295
The period immediately following Kenya's 2007 presidential election left a shocking trail of atrocities, with over 1,000 people dead and countless thousands left victimised and displaced. In response, the International Criminal Court began a series of investigations and trials, promising no impunity for even the highest ranking perpetrators. When the country's president and vice-president were implicated in the crimes, the case took on worldwide significance. The International Criminal Court and the End of Impunity in Kenya is a five-year study addressing critical human rights issues with a global reach and is the first detailed account of the ICC's intervention in Kenya. It probes the relationship between the ICC and state institutions, known as positive complementarity, and asks whether the ICC's intervention led to an end to impunity. The author provides comprehensive analysis of the Waki Commission's sealed envelope, the government's attempts to establish a special tribunal and the trials in The Hague. He also provides in depth consideration of any influence the ICC's intervention may have had on the passing of a new constitution, the establishment of a truth commission and important reforms to the judiciary, police and witness protection programme. Documenting the effects of these interventions on the Kenyan people, and on the country's legal and judicial systems, the book provides vital lessons in global justice as it: •Details the ICC's involvement in Kenya in the aftermath of extreme violence and instability •Evaluates the ICC prosecutor's strategy of positive complementarity •Identifies optimal conditions for positive complementarity to be effective •Links cultures of impunity to state-sponsored corruption •Explores the possible impact of the ICC on national and global policy •Discusses implications in responding to future crimes against humanity Replete with official government sources, The International Criminal Court and the End of Impunity in Kenya is necessary reading for researchers and practitioners working in public international law, particularly those specialising in conflict and post-conflict states.
