International Law Of Victims

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The Right to The Truth in International Law

Melanie Klinkner,Howard Davis
The Right to The Truth in International Law Book PDF

Author : Melanie Klinkner,Howard Davis
Publisher : Routledge
Page : 287 pages
File Size : 52,6 Mb
Release : 2019-07-26
Category : Law
ISBN : 9781317335085

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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.

International Law of Victims

Carlos Fernández de Casadevante Romani
International Law of Victims Book PDF

Author : Carlos Fernández de Casadevante Romani
Publisher : Springer Science & Business Media
Page : 279 pages
File Size : 41,6 Mb
Release : 2012-07-11
Category : Law
ISBN : 9783642281402

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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.

Victims of International Crimes: An Interdisciplinary Discourse

Thorsten Bonacker,Christoph Safferling
Victims of International Crimes An Interdisciplinary Discourse Book PDF

Author : Thorsten Bonacker,Christoph Safferling
Publisher : Springer Science & Business Media
Page : 399 pages
File Size : 49,9 Mb
Release : 2013-07-09
Category : Law
ISBN : 9789067049122

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Victims of International Crimes: An Interdisciplinary Discourse by Thorsten Bonacker,Christoph Safferling Pdf

In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.

Figuring Victims in International Criminal Justice

Maria Elander
Figuring Victims in International Criminal Justice Book PDF

Author : Maria Elander
Publisher : Routledge
Page : 196 pages
File Size : 44,8 Mb
Release : 2018-06-12
Category : Law
ISBN : 9780429492051

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Figuring Victims in International Criminal Justice by Maria Elander Pdf

Most discourses on victims in international criminal justice take the subject of victims for granted, as an identity and category existing exogenously to the judicial process. This book takes a different approach. Through a close reading of the institutional practices of one particular court, it demonstrates how court practices produce the subjectivity of the victim, a subjectivity that is profoundly of law and endogenous to the enterprise of international criminal justice. Furthermore, by situating these figurations within the larger aspirations of the court, the book shows how victims have come to constitute and represent the link between international criminal law and the enterprise of transitional justice. The book takes as its primary example the Extraordinary Chambers in the Courts of Cambodia (ECCC), or the Khmer Rouge Tribunal as it is also called. Focusing on the representation of victims in crimes against humanity, victim participation and photographic images, the book engages with a range of debates and scholarship in law, feminist theory and cultural legal theory. Furthermore, by paying attention to a broader range of institutional practices, Figuring Victims makes an innovative scholarly contribution to the debates on the roles and purposes of international criminal justice.

International Law of Victims

Prof. Dr. Fernández de Casadevante
International Law of Victims Book PDF

Author : Prof. Dr. Fernández de Casadevante
Publisher : Springer
Page : 274 pages
File Size : 51,5 Mb
Release : 2012-07-12
Category : Law
ISBN : 3642281419

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International Law of Victims by Prof. Dr. Fernández de Casadevante 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.

Redress for Victims of Crimes Under International Law

Ilaria Bottigliero
Redress for Victims of Crimes Under International Law Book PDF

Author : Ilaria Bottigliero
Publisher : Springer
Page : 320 pages
File Size : 41,5 Mb
Release : 2013-11-11
Category : Law
ISBN : 9789401760270

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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.

Justice for Victims before the International Criminal Court

Luke Moffett
Justice for Victims before the International Criminal Court Book PDF

Author : Luke Moffett
Publisher : Routledge
Page : 367 pages
File Size : 47,9 Mb
Release : 2014-06-27
Category : Law
ISBN : 9781317910817

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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.

Victims' Rights and Advocacy at the International Criminal Court

T. Markus Funk
Victims Rights and Advocacy at the International Criminal Court Book PDF

Author : T. Markus Funk
Publisher : Oxford University Press, USA
Page : 594 pages
File Size : 45,7 Mb
Release : 2015
Category : Law
ISBN : 9780199941469

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Victims' Rights and Advocacy at the International Criminal Court by T. Markus Funk Pdf

North American law has been transformed in ways unimaginable before 9/11. Laws now authorise and courts have condoned indefinite detention without charge on secret evidence, mass secret surveillance, and targeted killing of U.S. citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality. This book demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion in a specific belief that 9/11 was the harbinger of a new order of terror.

The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations

Juan Carlos Ochoa S.
The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations Book PDF

Author : Juan Carlos Ochoa S.
Publisher : Martinus Nijhoff Publishers
Page : 333 pages
File Size : 42,5 Mb
Release : 2013-02-05
Category : Law
ISBN : 9789004212169

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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.

Beyond Human Rights

Anne Peters
Beyond Human Rights Book PDF

Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 50,9 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781107164307

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Beyond Human Rights by Anne Peters Pdf

Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

The Right to Reparation in International Law for Victims of Armed Conflict

E. Christine Evans
The Right to Reparation in International Law for Victims of Armed Conflict Book PDF

Author : E. Christine Evans
Publisher : Cambridge University Press
Page : 299 pages
File Size : 46,8 Mb
Release : 2012-06-28
Category : Law
ISBN : 9781107019973

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The Right to Reparation in International Law for Victims of Armed Conflict by E. Christine Evans Pdf

Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.

Indigenous Peoples' Land Rights under International Law

Jérémie Gilbert
Indigenous Peoples Land Rights under International Law Book PDF

Author : Jérémie Gilbert
Publisher : BRILL
Page : 349 pages
File Size : 48,7 Mb
Release : 2016-07-08
Category : Law
ISBN : 9789004323254

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Indigenous Peoples' Land Rights under International Law by Jérémie Gilbert Pdf

This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements.

Reparations for Victims of Armed Conflict

Cristián Correa,Shuichi Furuya,Clara Sandoval,Clara Sandoval Villalba
Reparations for Victims of Armed Conflict Book PDF

Author : Cristián Correa,Shuichi Furuya,Clara Sandoval,Clara Sandoval Villalba
Publisher : Cambridge University Press
Page : 303 pages
File Size : 41,7 Mb
Release : 2020-12-17
Category : Law
ISBN : 9781108480956

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Reparations for Victims of Armed Conflict by Cristián Correa,Shuichi Furuya,Clara Sandoval,Clara Sandoval Villalba Pdf

Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.

Victims Before the International Criminal Court

Christoph Safferling,Gurgen Petrossian
Victims Before the International Criminal Court Book PDF

Author : Christoph Safferling,Gurgen Petrossian
Publisher : Springer Nature
Page : 390 pages
File Size : 47,7 Mb
Release : 2021-09-16
Category : Law
ISBN : 9783030801779

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Victims Before the International Criminal Court by Christoph Safferling,Gurgen Petrossian Pdf

The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.

Amnesty, Serious Crimes and International Law

Josepha Close
Amnesty Serious Crimes and International Law Book PDF

Author : Josepha Close
Publisher : Routledge
Page : 293 pages
File Size : 41,8 Mb
Release : 2019-05-16
Category : Law
ISBN : 9781351180214

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Amnesty, Serious Crimes and International Law by Josepha Close Pdf

Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.