People S Tribunals Human Rights And The Law

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People’s Tribunals, Human Rights and the Law

Regina Menachery Paulose
People s Tribunals Human Rights and the Law Book PDF

Author : Regina Menachery Paulose
Publisher : Routledge
Page : 243 pages
File Size : 47,8 Mb
Release : 2019-11-27
Category : Law
ISBN : 9780429534874

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People’s Tribunals, Human Rights and the Law by Regina Menachery Paulose Pdf

People’s Tribunals are independent, peaceful, grassroots movements, created by members of civil society, to address impunity that is associated with ongoing or past atrocities. As such, they offer society an alternative history and create a space for healing and reconciliation to take place that may otherwise be stifled by political agendas and legal technicalities. Since the 1960’s, People’s Tribunals have grown and developed to address many kinds of situations, from genocide to environmental degradation. This book presents a balance of academic and practitioner perspectives on People’s Tribunals. It explores key questions relating to their formation and roles and discusses what they can offer to victims and survivors. The volume provides an introduction to the subject, theoretically informed discussion reflecting different perspectives, and a range of contributions focusing on different types of People’s Tribunals and various aspects of their operation. The authors analyse advantages and disadvantages of these movements in a variety of contexts. The impact and contribution they have in the international criminal law and international human rights context is also discussed. The book will be welcomed by those interested in international criminal law, human rights, environmental justice, transitional justice and international relations.

People's Tribunals, Human Rights and the Law

Regina Menachery Paulose
People s Tribunals Human Rights and the Law Book PDF

Author : Regina Menachery Paulose
Publisher : Unknown
Page : 232 pages
File Size : 51,6 Mb
Release : 2019-12-20
Category : Law
ISBN : 0429244673

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People's Tribunals, Human Rights and the Law by Regina Menachery Paulose Pdf

"People's Tribunals are independent, peaceful, grassroots movements, created members of civil society, to address impunity that is associated with ongoing or past atrocities. As such, they offer society an alternative history and create a space for healing and reconciliation to take place that may otherwise be stifled by political agendas and legal technicalities. Since the 1960's, People's Tribunals have grown and developed to address many kinds of situations, from genocide to environmental degradation. This book presents a balance of academic and practitioner perspectives on Peoples' Tribunals. It explores key questions relating to their formation and roles and discusses what they can offer to victims and survivors. The volume provides an introduction to the subject, theoretically informed discussion reflecting different perspectives, and a range of contributions focusing on different types of Peoples' Tribunals and various aspects of their operation. The authors analyse advantages and disadvantages of these movements in a variety of contexts. The impact and contribution they have in the international criminal law and international human rights context is also discussed"--

Peoples' Tribunals and International Law

Andrew Byrnes,Gabrielle Simm
Peoples Tribunals and International Law Book PDF

Author : Andrew Byrnes,Gabrielle Simm
Publisher : Cambridge University Press
Page : 319 pages
File Size : 45,7 Mb
Release : 2018-01-11
Category : Law
ISBN : 9781108421676

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Peoples' Tribunals and International Law by Andrew Byrnes,Gabrielle Simm Pdf

Includes papers presented at the expert seminar of people's tribunals and international law on 27-28 September 2013 in Rome at the Permanent Peoples' Tribunal under the sponsorship of the Australian Human Rights Centre of the University of New South Wales, Sydney, Australia.

Speaking Out on Human Rights

F. Pearl Eliadis
Speaking Out on Human Rights Book PDF

Author : F. Pearl Eliadis
Publisher : Unknown
Page : 0 pages
File Size : 49,8 Mb
Release : 2014
Category : Droits de l'homme (Droit international)
ISBN : 0773543058

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Speaking Out on Human Rights by F. Pearl Eliadis Pdf

A critical analysis of the rhetoric and reality surrounding human rights commissions and tribunals, Canada's most contested administrative agencies.

Witness to the Human Rights Tribunals

Bruce Granville Miller
Witness to the Human Rights Tribunals Book PDF

Author : Bruce Granville Miller
Publisher : UBC Press
Page : 241 pages
File Size : 51,6 Mb
Release : 2023-02-15
Category : Law
ISBN : 9780774867788

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Witness to the Human Rights Tribunals by Bruce Granville Miller Pdf

On the twelfth floor of an undistinguished-looking high-rise, a tribunal adjudicates the human rights of Indigenous individuals. Why isn’t the process working? Witness to the Human Rights Tribunals draws on testimony, ethnographic data, and years of tribunal decisions to show how specific cases are fought, and offers an in-depth look at anthropological expertise in the courts. Bruce Miller’s candid analysis reveals the double-edged nature of the tribunal, which both protects human rights and re-engages the trauma of discrimination that suffuses social and legal systems. He definitively concludes that any reform must recognize symbolic trauma before Indigenous claimants can receive appropriate justice.

International Criminal Tribunals and Human Rights Law

Krit Zeegers
International Criminal Tribunals and Human Rights Law Book PDF

Author : Krit Zeegers
Publisher : Springer
Page : 434 pages
File Size : 47,8 Mb
Release : 2016-04-13
Category : Law
ISBN : 9789462651029

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International Criminal Tribunals and Human Rights Law by Krit Zeegers Pdf

This book addresses the interpretation and application of human rights norms by International Criminal Tribunals (ICTs). Such Tribunals are widely heralded as human rights defenders. At the same time, however, they employ activities that necessary entail the risk of human rights violations: they conduct criminal investigations, arrest and detain individuals, and put them on trial. This book investigates this flip-side of the ICTs’ relationship with international human rights law, and focuses on the ICTs’ own interpretation and application of human rights norms. First, the book addresses whether and how ICTs are bound by human rights law, since unlike states, they do not sign or ratify human rights conventions. Second, the book provides an in-depth analysis of the way in which ICTs interpret and apply human rights norms, compared to the way in which these norms are interpreted in a traditional state-context. Relying on the unique circumstances in which they operate, ICTs have often deviated from generally accepted interpretations of human rights. The author critically examines this so-called contextual approach and seeks to recommend ways in which ICTs can improve their interpretative practice by giving due regard to the context in which they operate, while still providing adequate human rights protection. Addressing the ICTs’ possible leeway in terms of contextualization, this book contributes to the broader debates about adherence to human rights norms in international law. Krit Zeegers is an Associate at Allen & Overy LLP, Amsterdam, and previously worked as a researcher / junior lecturer at the University of Amsterdam.

Anti-Impunity and the Human Rights Agenda

Karen Engle,Zinaida Miller,D. M. Davis
Anti Impunity and the Human Rights Agenda Book PDF

Author : Karen Engle,Zinaida Miller,D. M. Davis
Publisher : Cambridge University Press
Page : 401 pages
File Size : 40,8 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.

Human Rights Norms in ‘Other' International Courts

Martin Scheinin
Human Rights Norms in Other International Courts Book PDF

Author : Martin Scheinin
Publisher : Cambridge University Press
Page : 517 pages
File Size : 49,5 Mb
Release : 2019-07-25
Category : Law
ISBN : 9781108499736

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Human Rights Norms in ‘Other' International Courts by Martin Scheinin Pdf

Examines the role and impact of human rights norms in international courts other than human rights courts

The Tokyo Tribunal: Perspectives on Law, History and Memory

Marina Aksenova,Diane Marie Amann,David Cohen,Robert Cribb,David M. Crowe,Donald M. Ferencz,Narrelle Morris,Diane Orentlicher,Kuniko Ozaki,Christoph Safferling,Franziska Seraphim,Gerry Simpson,Kayoko Takeda,Yuma Totani,Beatrice Trefalt,Sandra Wilson
The Tokyo Tribunal Perspectives on Law History and Memory Book PDF

Author : Marina Aksenova,Diane Marie Amann,David Cohen,Robert Cribb,David M. Crowe,Donald M. Ferencz,Narrelle Morris,Diane Orentlicher,Kuniko Ozaki,Christoph Safferling,Franziska Seraphim,Gerry Simpson,Kayoko Takeda,Yuma Totani,Beatrice Trefalt,Sandra Wilson
Publisher : Torkel Opsahl Academic EPublisher
Page : 480 pages
File Size : 52,9 Mb
Release : 2020-10-27
Category : Law
ISBN : 9788283481389

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The Tokyo Tribunal: Perspectives on Law, History and Memory by Marina Aksenova,Diane Marie Amann,David Cohen,Robert Cribb,David M. Crowe,Donald M. Ferencz,Narrelle Morris,Diane Orentlicher,Kuniko Ozaki,Christoph Safferling,Franziska Seraphim,Gerry Simpson,Kayoko Takeda,Yuma Totani,Beatrice Trefalt,Sandra Wilson Pdf

The ‘International Military Tribunal for the Far East’ (IMTFE), held in Tokyo from May 1946 to November 1948, was a landmark event in the development of modern international criminal law. The trial in Tokyo was a complex undertaking and international effort to hold individuals accountable for core international crimes and delivering justice. The Tribunal consisted of 11 judges and respective national prosecution teams from 11 countries, and a mixed Japanese–American team of defence lawyers. The IMTFE indicted 28 Japanese defendants, amongst them former prime ministers, cabinet ministers, military leaders, and diplomats, based on a 55-count indictment pertaining to crimes against peace, war crimes, and crimes against humanity. The judgment was not unanimous, with one majority judgment, two concurring opinions, and three dissenting opinions. The trial and the outcome were the subject of significant controversy and the Tribunal’s files were subsequently shelved in the archives. While its counterpart in Europe, the ‘International Military Tribunal’ (IMT) at Nuremberg, has been at the centre of public and scholarly interest, the Tokyo Tribunal has more recently gained international scholarly attention. This volume combines perspectives from law, history, and the social sciences to discuss the legal, historical, political and cultural significance of the Tokyo Tribunal. The collection is based on an international conference marking the 70th anniversary of the judgment of the IMTFE, which was held in Nuremberg in 2018. The volume features reflections by eminent scholars and experts on the establishment and functioning of the Tribunal, procedural and substantive issues as well as receptions and repercussions of the trial.

The International People’s Tribunal for 1965 and the Indonesian Genocide

Saskia E. Wieringa,Annie Pohlman,Jess Melvin
The International People s Tribunal for 1965 and the Indonesian Genocide Book PDF

Author : Saskia E. Wieringa,Annie Pohlman,Jess Melvin
Publisher : Routledge
Page : 252 pages
File Size : 46,8 Mb
Release : 2019-01-21
Category : Social Science
ISBN : 9780429764950

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The International People’s Tribunal for 1965 and the Indonesian Genocide by Saskia E. Wieringa,Annie Pohlman,Jess Melvin Pdf

The International People’s Tribunal addressed the many forms of violence during the period of the massacres of 1965–1966 in Indonesia. It was held in The Hague, The Netherlands, in November 2015, to commemorate fifty years since the killings began. The Tribunal, as a people’s court, holds no jurisdiction and was an attempt to achieve symbolic justice for the crimes of 1965. This book offers new and previously unpublished insights into the types of crimes committed in the 1965 genocide and how these crimes were prosecuted at the International People’s Tribunal for 1965. Divided thematically, each chapter analyses a different crime – enslavement, sexual violence, torture – perpetrated during the Indonesian killings. The contributions consider either general patterns across Indonesia or a particular region of the archipelago. The book reflects on how crimes were charged at the International People’s Tribunal for 1965 and focuses on questions relating to the place of people’s tribunals in truth-seeking and justice claims, and the prospective for transitional justice in contemporary Indonesia. Positioning the events in Indonesia in 1965 within the broader scope of comparative genocide studies, the book is an original and timely contribution to knowledge about the dynamics of the Indonesian killings. It will be of interest to academics in the field of Asian studies, in particular Southeast Asia, Genocide Studies, Criminology and Criminal Justice and Transitional Justice Studies.

Judicial Dialogue on Human Rights

Paolo Lobba,Triestino Mariniello
Judicial Dialogue on Human Rights Book PDF

Author : Paolo Lobba,Triestino Mariniello
Publisher : BRILL
Page : 321 pages
File Size : 52,6 Mb
Release : 2017-08-28
Category : Law
ISBN : 9789004313750

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Judicial Dialogue on Human Rights by Paolo Lobba,Triestino Mariniello Pdf

The book presents a critical assessment on the use of human rights case law by international criminal tribunals. Based on the inadequacies highlighted though this analysis, the book propounds a coherent method to transfer human rights standards into international criminal justice.

International Human Rights Institutions, Tribunals, and Courts

Gerd Oberleitner
International Human Rights Institutions Tribunals and Courts Book PDF

Author : Gerd Oberleitner
Publisher : Springer
Page : 390 pages
File Size : 46,6 Mb
Release : 2018-10-27
Category : Law
ISBN : 9811052050

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International Human Rights Institutions, Tribunals, and Courts by Gerd Oberleitner Pdf

This book introduces readers to the major human rights institutions, courts, and tribunals and critically assesses their legacy as well as the promise they hold for realizing human rights globally, and the challenges they face in doing so. It traces the rationale of setting up international institutions, courts, and tribunals with the aim of ensuring respect for international human rights law and presents their historic development, and critically analyzes their contribution to the promotion and protection of human rights. At the same time, it asks which promises old and new (and envisaged) human rights institutions hold for safeguarding human rights in light of continuing violations and recent global trends in human rights and politics. The first section presents institutions created within the framework of the United Nations. The second part of the volume assesses how international criminal tribunals have reframed human rights violations as individual criminal acts. The third part of the volume is devoted to established and emerging regional human rights bodies and courts around the world.

Humanity's Law

Ruti Teitel
Humanity s Law Book PDF

Author : Ruti Teitel
Publisher : Oxford University Press
Page : 320 pages
File Size : 46,5 Mb
Release : 2011-10-07
Category : Political Science
ISBN : 9780199911684

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Humanity's Law by Ruti Teitel Pdf

In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is reshaping the discourse of international politics with a new approach to the management of violent conflict. Teitel maintains that this framework is most evidently at work in the jurisprudence of the tribunals-international, regional, and domestic-that are charged with deciding disputes that often span issues of internal and international conflict and security. The book demonstrates how the humanity law framework connects the mandates and rulings of diverse tribunals and institutions, addressing the fragmentation of global legal order. Comprehensive in approach, Humanity's Law considers legal and political developments related to violent conflict in Europe, North America, South America, and Africa. This interdisciplinary work is essential reading for anyone attempting to grasp the momentous changes occurring in global affairs as the management of conflict is increasingly driven by the claims and interests of persons and peoples, and state sovereignty itself is transformed.

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 : Unknown
Page : 254 pages
File Size : 43,7 Mb
Release : 2019
Category : Law
ISBN : 1315659786

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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.

Justice for Crimes Against Humanity

Mark Lattimer,Philippe Sands
Justice for Crimes Against Humanity Book PDF

Author : Mark Lattimer,Philippe Sands
Publisher : Bloomsbury Publishing
Page : 514 pages
File Size : 48,8 Mb
Release : 2003-11-27
Category : Law
ISBN : 9781847312433

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

The aim of this book is to assess recent developments in international law seeking to bring an end to impunity by bringing to justice those accused of war crimes and crimes against humanity. The book was originally conceived while the editors were engaged, in different capacities, in proceedings relating to the detention of Senator Pinochet in London. The vigorous public debate that attended that case - and related developments in international criminal justice, such as the creation of the International Criminal Court and the trial of former President Milosevic - demonstrate the close connections between the law and wider political or moral questions. In the field of international criminal justice there appeared, therefore, a clear need to distinguish legal from essentially political issues - promoting the application of the law in an impartial and apolitical manner - while at the same time enabling each to legitimately inform the development of the other. The essays in this volume, written by internationally recognised legal experts: scholars, practitioners, judges - explore a wide range of subjects, including immunities, justice in international and mixed courts, justice in national courts, and in a particularly practical section, perspectives offered by experienced practitioners in the field. "This is a welcome collection of papers on criminal justice both at the international and the national level...a book which fills many gaps and adds considerable value by discussing wider policy and moral issues; it is to be recommended to all who are interested in the development of international criminal justice." Elizabeth Wilmshurst, International Affairs