International Justice Against Impunity

Author : Yves Beigbeder
Publisher : BRILL
Page : 257 pages
File Size : 53,5 Mb
Release : 2005-06-01
Category : Law
ISBN : 9789047407799

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International Justice Against Impunity by Yves Beigbeder Pdf

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 : Adv. Charvi Duggal
Publisher : Kavya Publications
Page : 131 pages
File Size : 43,6 Mb
Release : 2024-06-29
Category : Law
ISBN : 9789391722104

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ASSIMILATION OF INTERNATIONAL JUSTICE IN THE FIGHTS AGAINST IMPUNITY by Adv. Charvi Duggal Pdf

Author : Nils Andersson,Daniel Iagolnitzer,Diana G. Collier
Publisher : SCB Distributors
Page : 200 pages
File Size : 49,5 Mb
Release : 2010-04-20
Category : Political Science
ISBN : 9780932863850

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International Justice and Impunity by Nils Andersson,Daniel Iagolnitzer,Diana G. Collier Pdf

This book reflects a primary response by international civil society to US disregard for international law. It is a damning indictment of the Hiroshimas of our time. It provides a cogent elaboration of the international legal values to be defended, for humanity to triumph over the new wave of global barbarism brought about by the efforts of the United States to consolidate and extend the dimensions of its empire. Once the champion of the United Nations, the United States now skirts the Geneva Conventions, uses international humanitarian law as a pretext for intervention, engages in bombardments causing grave civilian losses, seeks to expand its options in relation to torture while continuing to render prisoners to countries known for its practice. Having failed in its effort to block the establishment of the International Criminal Court, the United States still refuses to ratify its Statute--even though the ICC Statute modified the rules of the 1977 Geneva Protocol and The Hague in an effort to satisfy the trajectory pursued by U.S. foreign policy. The United States' pursuit of a unilateral imperial policy based on military force destroys the credibility of the nascent international legal framework. Rather, the US is leading the world by example toward a future without rules or values, where humanity is subject to the whims of the more powerful. Former government officials, scholars, advocates and directors of international organizations operating at the highest level in the areas of international humanitarian law address the relevant international law, the threats thereto by US policy, its ramifications for the world system, and possible avenues of legal recourse.

Author : Mauro Politi
Publisher : Routledge
Page : 342 pages
File Size : 48,5 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351540766

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The Rome Statute of the International Criminal Court by Mauro Politi Pdf

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 : Ramsden, Michael
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 49,8 Mb
Release : 2021-07-31
Category : Law
ISBN : 9781788119382

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International Justice in the United Nations General Assembly by Ramsden, Michael Pdf

International Justice in the United Nations General Assembly probes the role that the UN’s plenary body has played in developing international criminal law and addressing country-specific impunity gaps. It covers the General Assembly’s norm-making capabilities, its judicial and investigatory functions, and the legal effect of its recommendations. With talk of a ‘new Cold War’ and growing levels of plenary activism in the face of Security Council deadlock, this book will make for timely and essential reading for all in the field of international criminal justice.

Author : Ornella Rovetta,Pieter Lagrou
Publisher : Berghahn Books
Page : 264 pages
File Size : 50,8 Mb
Release : 2021-11-01
Category : History
ISBN : 9781800732629

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Defeating Impunity by Ornella Rovetta,Pieter Lagrou Pdf

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 : Frank Haldemann,Thomas Unger
Publisher : Oxford University Press
Page : 360 pages
File Size : 43,9 Mb
Release : 2018-03-21
Category : Law
ISBN : 9780191061295

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The United Nations Principles to Combat Impunity: A Commentary by Frank Haldemann,Thomas Unger Pdf

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 : Karen Engle,Zinaida Miller,D. M. Davis
Publisher : Cambridge University Press
Page : 401 pages
File Size : 41,8 Mb
Release : 2016-12-15
Category : Law
ISBN : 9781107079878

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Anti-Impunity and the Human Rights Agenda by Karen Engle,Zinaida Miller,D. M. Davis Pdf

This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.

Author : Luisa Marin,Stefano Montaldo
Publisher : Bloomsbury Publishing
Page : 530 pages
File Size : 53,9 Mb
Release : 2020-11-26
Category : Law
ISBN : 9781509926886

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The Fight Against Impunity in EU Law by Luisa Marin,Stefano Montaldo Pdf

The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.

Author : Judith Armatta
Publisher : Duke University Press
Page : 578 pages
File Size : 42,8 Mb
Release : 2010-07-30
Category : Law
ISBN : 9780822391791

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Twilight of Impunity by Judith Armatta Pdf

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 : 241 pages
File Size : 49,8 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004480070

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Judging Criminal Leaders by Yves Beigbeder Pdf

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 : Michael Ramsden
Publisher : Edward Elgar Publishing
Page : 264 pages
File Size : 40,6 Mb
Release : 2021-07-22
Category : Electronic
ISBN : 1788119371

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International Justice in the United Nations General Assembly by Michael Ramsden Pdf

Through the lens of five institutional functions - quasi-legislative, quasi-judicial, recommendatory, empowering and sanctioning - this important book assesses the practice and legal foundations of the United Nations General Assembly in advancing international justice, an increasing priority of the international community. Challenging the assumption that the General Assembly is merely a weak deliberative assembly, Michael Ramsden shows that its pioneering resolutions on international justice have become an invaluable tool in the fight against impunity. As concerns remain over the aptness of international institutions in responding to atrocities, particularly the Security Council, this book establishes the legal foundation for the General Assembly to step into the breach. Chapters also offer innovative arguments on the General Assembly's institutional powers to end impunity as well as a detailed examination on the influence of General Assembly resolutions in judicial decision-making. International Justice in the United Nations General Assembly will be a key resource for scholars and students in the fields of international law and international institutional law, as well as UN and international institutional practitioners who are involved in policy development.

Author : Mark Lattimer,Philippe Sands
Publisher : Hart Publishing
Page : 515 pages
File Size : 42,7 Mb
Release : 2003-12
Category : Law
ISBN : 9781841134130

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Justice for Crimes Against Humanity by Mark Lattimer,Philippe Sands Pdf

This book assesses developments in international law and seeks to end impunity by bringing to justice those accused of crimes against humanity.

Author : Christoph Sperfeldt,Emma Palmer
Publisher : Torkel Opsahl Academic EPublisher
Page : 4 pages
File Size : 52,7 Mb
Release : 2016-06-27
Category : Law
ISBN : 9788283480450

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(Not) All Roads Lead to Rome by Christoph Sperfeldt,Emma Palmer Pdf

Author : Jo Stigen
Publisher : Martinus Nijhoff Publishers
Page : 549 pages
File Size : 45,9 Mb
Release : 2008
Category : Law
ISBN : 9789004169098

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The Relationship Between the International Criminal Court and National Jurisdictions by Jo Stigen Pdf

The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere "vis-a-vis" national judicial systems. The principle acknowledges the primary right of states to prosecute while also recognising the need for international interference when states fail in this task. As formulated in the Rome Statute, however, it leaves complex questions unresolved. To mention a few: When is a national criminal proceeding really an attempt to shield the perpetrator? When can a national judicial system be characterised as unavailable? And when will an ICC prosecution serve the interests of justice? This book seeks to answer these and other related questions by interpreting the relevant provisions of the Rome Statute and discussing them in a broad context. The book also critically assesses policy considerations underlying the establishment of the ICC, including the implications of international criminal justice for achieving peace. It asks, "inter alia," whether the ICC should set aside an amnesty which a national truth commission has granted in an attempt to achieve a peaceful transition from tyranny to democracy.