Law Politics And The Limits Of Prosecuting Mass Atrocity

Author : Damien Rogers
Publisher : Springer
Page : 244 pages
File Size : 49,6 Mb
Release : 2017-08-30
Category : Political Science
ISBN : 9783319609942

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Law, Politics and the Limits of Prosecuting Mass Atrocity by Damien Rogers Pdf

This book offers a unique and powerful critique of the quest for international criminal justice. It explores the efforts of three successive generations of international prosecutors, recognising the vital roles they play in the enforcement of international criminal law. By critically examining prosecutorial performance during the pre-trial and trial phases, the volume argues that these prosecutors are simultaneously political actors serving in the interests of economic liberalisation. It also posits that international prosecutors help wage a mostly silent and largely unacknowledged politico-cultural war fought for control over the institutions governing modernist international affairs. As the author contends, international prosecutors are thus best understood as agents not only of the law and politics, but also of a war fought by proponents of various utopian projects.

Author : Damien Rogers
Publisher : Springer
Page : 485 pages
File Size : 43,6 Mb
Release : 2022-03-20
Category : Law
ISBN : 9811621152

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Human Rights in War by Damien Rogers Pdf

This volume is the most comprehensive and up-to-date compilation of in-depth analyses on human rights violations committed in war. It offers myriad perspectives on the content and application of legal protections offered to civilians, including women, children and the elderly, and to others who are ‘no longer active in the fight.’ A series of carefully researched case studies illustrates the extent to which human rights violations occur in recent and current armed conflict, and signals the ways in which these violations are dealt with. Each of the contributing authors has been selected on the basis of their international academic reputation and/or professional standing within the human rights field. Given the alarming numbers of people harmed in recent and current armed conflict, this book will be of great interest to researchers, policymakers and opinion-shapers alike.

Author : Jennifer Trahan
Publisher : Cambridge University Press
Page : 375 pages
File Size : 55,6 Mb
Release : 2020-08-13
Category : Law
ISBN : 9781108487016

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Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes by Jennifer Trahan Pdf

The book outlines legal limits to the veto power of UN Security Council permanent members while atrocity crimes are occurring.

Author : Randle C. DeFalco
Publisher : Cambridge University Press
Page : 313 pages
File Size : 54,9 Mb
Release : 2022-03-17
Category : Law
ISBN : 9781108487412

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Invisible Atrocities by Randle C. DeFalco Pdf

This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.

Author : Aldo Zammit Borda
Publisher : Springer Nature
Page : 276 pages
File Size : 50,6 Mb
Release : 2020-12-18
Category : Law
ISBN : 9789462654273

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Histories Written by International Criminal Courts and Tribunals by Aldo Zammit Borda Pdf

This book argues for a more moderate approach to history-writing in international criminal adjudication by articulating the elements of a “responsible history” normative framework. The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives has gained renewed relevance in the context of the recent turn to history in international criminal law, the growing attention to the historical legacies of the ad hoc Tribunals and the minimal attention paid to historical context in the first judgment of the International Criminal Court. The starting point for this discussion is that, in cases of mass atrocities, prosecutors and judges are inevitably understood to be engaged in writing history and influencing collective memory, whether or not they so intend. Therefore, while writing history is an inescapable feature of ICTs, there is still today a significant lack of consensus over the proper place of this function. Since Hannah Arendt articulated her doctrine of strict legality, in response to the prosecutor’s expansive didactic approach in Eichmann, the legal debate on the subject has been largely polarised between restrictive and expansive approaches to history-writing in mass atrocity trials. What has been noticeably missing from this debate is the middle ground. The contribution this book seeks to make is precisely to articulate a framework that occupies that ground. The book asks: what are the lenses through which judges of ICTs interpret historical events, what kind of histories do ICTs write? and what kinds of histories should ICTs produce? Its arguments for a more moderate approach to history-writing are based on three distinct, but interrelated grounds: (1) Truth and Justice; (2) Right to Truth; and (3) Legal Epistemology. Different target audiences may benefit from this book. Court officials and legal practitioners may find the normative framework developed herein useful in addressing the tensions between the competing objectives of ICTs and, in particular, in assessing the value of the history-writing function. Lawyers, historians and other academics may also find the analysis of the strengths, constraints and blind spots of the historical narratives written by ICTs interesting. This issue is particularly timely in view of current debates on the legacies of ICTs. Aldo Zammit Borda is Director of the Centre for Access to Justice and Inclusion at Anglia Ruskin University, Cambridge, UK.

Author : Steven Leonard Jacobs
Publisher : Taylor & Francis
Page : 238 pages
File Size : 44,7 Mb
Release : 2022-10-31
Category : Political Science
ISBN : 9781000774511

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Religion and Genocide by Steven Leonard Jacobs Pdf

Religion and Genocide: Changing the Conversation is a cutting-edge introduction to the complex and controversial relationship between religion and genocide. This book aims to widen the reader’s understanding of religion and those who practice it, the nexus of religion and violence, and those who legitimate their violence by framing it in religious terms by looking at notions of holy wars, religious wars, and genocide and the practitioners of such. This book delves into our current thinking of ourselves as biological entities, our relationship to genocide, and the impact of geography (including climate change) and diseases on our humanity and our ability to commit genocide. Tying together all these seemingly disparate threads, this text concludes with the significant and still largely unanswered question: "Where do we go from here?". Highlighting the complex relationship between religion and genocide, this is an essential read for students and academics studying religion and violence, Judaism, Judaic studies, and holocaust and genocide studies. Religion and Genocide will also be of interest to researchers in related subjects such as history, politics, sociology, and anthropology.

Author : Martha Minow,C. Cora True-Frost,Alex Whiting
Publisher : University of Michigan Press
Page : 397 pages
File Size : 40,9 Mb
Release : 2015-04-15
Category : Law
ISBN : 9780472052516

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The First Global Prosecutor by Martha Minow,C. Cora True-Frost,Alex Whiting Pdf

Legal scholars and practitioners examine the role of the ICC’s first prosecutor

Author : Damien Rogers
Publisher : Springer Nature
Page : 120 pages
File Size : 42,5 Mb
Release : 2022-04-07
Category : Political Science
ISBN : 9783030901622

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Wars, Laws, Rights and the Making of Global Insecurities by Damien Rogers Pdf

This book offers a unique and timely political analysis of war, international law and human rights, and the important interconnections among them. It questions why war features as a foundational problem in ​contemporary world affairs and explores how international law is used to manage this and other types of political violence. Challenging conventional thinking that understands war as a problem to be solved and law as an antidote to organized but unruly violence, this book situates the promotion and protection of human rights within the wider context of the modernist project, particularly during the epoch of the Anthropocene. Taking a critical perspective that draws on concepts found in the work of Michel Foucault, Pierre Bourdieu and Bruno Latour, this book casts new light on the ways in which the politics of war, law and rights produces profound insecurities for the human species as well as for other life forms and life systems on this planet.

Author : Carsten Stahn
Publisher : Oxford University Press
Page : 400 pages
File Size : 51,5 Mb
Release : 2020-05-27
Category : Law
ISBN : 9780192609649

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Justice as Message by Carsten Stahn Pdf

International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.

Author : Mats Deland,Mark Klamberg,Pål Wrange
Publisher : Routledge
Page : 232 pages
File Size : 55,8 Mb
Release : 2018-10-03
Category : History
ISBN : 9781351104425

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International Humanitarian Law and Justice by Mats Deland,Mark Klamberg,Pål Wrange Pdf

In the last decade, there has been a turn to history in international humanitarian law and its accompanying fields. To examine this historization and to expand the current scope of scholarship, this book brings together scholars from various fields, including law, history, sociology, and international relations. Human rights law, international criminal law, and the law on the use of force are all explored across the text’s four main themes: historiographies of selected fields of international law; evolution of specific international humanitarian law rules in the context of legal gaps and fault lines; emotions as a factor in international law; and how actors can influence history. This work will enhance and broaden readers’ knowledge of the field and serve as an excellent starting point for further research.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 41,6 Mb
Release : 2016
Category : Electronic
ISBN : 0896047164

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Fundamentals of Genocide and Mass Atrocity Prevention by Anonim Pdf

Author : Mark Osiel
Publisher : Cambridge University Press
Page : 277 pages
File Size : 55,9 Mb
Release : 2009-07-31
Category : Law
ISBN : 9780521861854

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Making Sense of Mass Atrocity by Mark Osiel Pdf

This book trenchantly diagnoses the law's limits in making sense of mass atrocity.

Author : Mark Kersten
Publisher : Oxford University Press
Page : 273 pages
File Size : 50,7 Mb
Release : 2016-08-04
Category : Law
ISBN : 9780191082948

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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.

Author : Grant Duncan
Publisher : Taylor & Francis
Page : 219 pages
File Size : 50,9 Mb
Release : 2024-02-01
Category : Business & Economics
ISBN : 9781003837732

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Government and Political Trust by Grant Duncan Pdf

If the government is a problem, what should be done about it? A new era of intervention has begun following a global pandemic, climate change and strategic rivalry – but will a better government emerge from this? Political turmoil and polarisation are causing people to question how well their societies are governed and how leaders conduct themselves, while urgent practical challenges are arising for public policy and administration. A deeper concern, then, is to re-examine the nature and problem of government itself. This study covers historically enduring dilemmas that will persist, as well as emerging issues such as climate change and Artificial Intelligence. It sets out core concerns that systems of government, of all kinds, must address. The wide diversity of political beliefs and constitutions calls for toleration in order to foster effective collaboration across types and levels of government. Each country, community and individual follows their own path, but we can all do something to help restore political trust and to raise standards of public administration. An essential guide for those seeking general and lasting principles of good government, including elected officials, civil servants, community leaders and students of politics and public policy.

Author : Didier Bigo,Emma Mc Cluskey,Félix Tréguer
Publisher : Taylor & Francis
Page : 224 pages
File Size : 40,5 Mb
Release : 2023-12-01
Category : Political Science
ISBN : 9781003821212

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Intelligence Oversight in Times of Transnational Impunity by Didier Bigo,Emma Mc Cluskey,Félix Tréguer Pdf

This book adopts a critical lens to look at the workings of Western intelligence and intelligence oversight over time and space. Largely confined to the sub-field of intelligence studies, scholarly engagements with intelligence oversight have typically downplayed the violence carried out by secretive agencies. These studies have often served to justify weak oversight structures and promoted only marginal adaptations of policy frameworks in the wake of intelligence scandals. The essays gathered in this volume challenge the prevailing doxa in the academic field, adopting a critical lens to look at the workings of intelligence oversight in Europe and North America. Through chapters spanning across multiple disciplines – political sociology, history, and law – the book aims to recast intelligence oversight as acting in symbiosis with the legitimisation of the state’s secret violence and the enactment of impunity, showing how intelligence actors practically navigate the legal and political constraints created by oversight frameworks and practices, for instance by developing transnational networks of interdependence. The book also explores inventive legal steps and human rights mechanisms aimed at bridging some of the most serious gaps in existing frameworks, drawing inspiration from recent policy developments in the international struggle against torture. This book will be of much interest to students of intelligence studies, sociology, security studies, and international relations.