International Crimes And Other Gross Human Rights Violations
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International Crimes and Other Gross Human Rights Violations by Alette Smeulers,Fred Grünfeld Pdf
An interdisciplinary approach to international crimes as genocide, crimes against humanity, war crimes and other gross human rights violations for students, scholars, professionals and practitioners to get an insight in the roles of perpetrators and bystanders.
Serious International Crimes, Human Rights, and Forced Migration by James C. Simeon Pdf
This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.
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.
The Right to The Truth in International Law by Melanie Klinkner,Howard Davis Pdf
The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.
Supranational Criminology by Alette Smeulers,Roelof Haveman Pdf
The study of international crimes - such as war crimes, crimes against humanity, and genocide - deserves to grow into a separate and fully fledged specialization within criminology, called supranational criminology. Supranational criminology entails the study of international crimes, behavior that shows affinity with these crimes, the causes and the situations in which they are committed, as well as interventions and their effectiveness. What exactly entails supranational criminology? What are international crimes? Should other forms of behavior also be qualified as international crimes? What are the specific characteristics of international crimes as forms of state sponsored or state facilitated crimes? Explanatory theories have to be developed which can be translated into testable hypotheses. Which theories from mainstream criminology can provide answers for the prevalence or causes of international crimes? Have the international courts and tribunals succeeded in their aim? This book repairs the fundamental and historical neglect of criminology and breaks out of a state of denial by putting international crimes on the criminological agenda.
The Prevention of Gross Human Rights Violations Under International Human Rights Law by Nienke van der Have Pdf
This book contains a systematic assessment of the content and scope of obligations to prevent gross human rights violations. There has been a great deal of attention for concepts aiming to prevent gross human rights violations, such as conflict prevention and the responsibility to protect. Yet despite this shift in attention towards prevention, it has remained unclear what legal obligations states have to prevent gross human rights violations under international human rights law. The focus in this book is on three specific types of injury prohibited under international human rights law: torture, arbitrary death and genocide. Further distinctions are made between four temporal phases (long-term prevention, short-term prevention, preventing continuation, preventing recurrence) and territorial and extraterritorial obligations. The structure of the book allows academics and practitioners to learn about obligations to prevent gross human rights violations in a general sense, as well as find targeted information on the content and scope of obligations in specific settings. Nienke van der Have recently completed her Ph.D. at the Amsterdam Center for International Law, which forms part of the University of Amsterdam’s Faculty of Law, and currently works as Senior legal specialist at the department of Constitutional Affairs and Legislation of the Ministry of the Interior and Kingdom Relations of The Netherlands.
Author : Carlos Fernández de Casadevante Romani Publisher : Springer Science & Business Media Page : 279 pages File Size : 43,6 Mb Release : 2012-07-11 Category : Law ISBN : 9783642281402
International Law of Victims by Carlos Fernández de Casadevante Romani Pdf
After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states’ obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.
Responding to International Crime by Geoff Gilbert Pdf
Following the wars in the former Yugoslavia and Rwanda, and the events of 11 September 2001, awareness of international crimes has come to the forefront of public consciousness. The very public responses seen in the establishment by the Security Council of the ad hoc tribunals and the international community coming together to create the International Criminal Court have done much to promote the idea that there should be no impunity for international criminals. Nevertheless, while those are incredibly significant steps in the attempt to combat international crime, there is no way due to their jurisdictional competence that such bodies could ever hope to address all the various crimes that are committed that are not confined to a single domestic jurisdiction either by reason of their nature or trans-border factors. As such, the response of the international community to international crime depends as much on extraterritorial criminal jurisdiction, mutual legal assistance agreements, extradition and other means of lawful rendition. Furthermore, given the fundamental rule that a person is innocent until proven guilty and that everyone within the jurisdiction of a State is owed certain basic minimum human rights guarantees, responses to international crime cannot be without limitation. Respect for the alleged transnational fugitive offender is as important a factor in responding to international crime as preventing impunity for genocide, crimes against humanity, war crimes and gross human rights violations.
International Criminal Law and Human Rights by Claire De Than,Edwin Shorts Pdf
This is an in-depth analysis of the complex and challenging field of international prosecution and human rights. It explains the role and operation of the International Criminal Court, and explores the various challenges confronting it.
Redress for Victims of Crimes Under International Law by Ilaria Bottigliero Pdf
Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims' redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims' redress.
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 : 43,9 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.
Author : Juan Carlos Ochoa S. Publisher : Martinus Nijhoff Publishers Page : 333 pages File Size : 46,9 Mb Release : 2013-02-05 Category : Law ISBN : 9789004212169
The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations by Juan Carlos Ochoa S. Pdf
The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.
Reparations for Victims of Genocide, War Crimes and Crimes against Humanity by Carla Ferstman,Mariana Goetz Pdf
Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.