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Author : Tyler R. Giannini Publisher : Human Rights Program, Harvard Law School Page : 178 pages File Size : 40,5 Mb Release : 2009 Category : History ISBN : STANFORD:36105134461008
Prosecuting Apartheid-era Crimes? by Tyler R. Giannini Pdf
This book presents diverse perspectives on prosecutions in South Africa, including a foreword by playwright and actor John Kani. Throughout, it highlights such important themes related to any post-conflict prosecution as rule-of-law concerns, questions of evenhandedness and moral relativism, and the limits of a court-centered approach to justice.
Post-trc Prosecutions in South Africa by Ole Bubenzer Pdf
After the transition to democracy in 1994, South Africa implemented an innovative scheme at the Truth and Reconciliation Commission, granting perpetrators conditional amnesty. It essentially calls for the prosecution of those who did not receive amnesty for the crimes they committed during the apartheid conflict. This book provides the first comprehensive analysis of prosecutions after the amnesty process. Drawing on interviews with key protagonists and largely unpublished documents, the volume analyses trials and the political background. It scrutinises the issue in the normative framework of national and international human rights law, and addresses whether the prosecutions were adequately carried out. The study thus allows a concluding evaluation of the justice and consistency of South Africa s internationally acclaimed amnesty process.
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.
National Accountability for International Crimes in Africa by Emma Charlene Lubaale,Ntombizozuko Dyani-Mhango Pdf
This book critically examines the issues pertaining to the Rome Statute’s complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states’ international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.
International Conflict and Security Law by Sergey Sayapin,Rustam Atadjanov,Umesh Kadam,Gerhard Kemp,Nicolás Zambrana-Tévar,Noëlle Quénivet Pdf
This unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected by international law (Part I), through substantive rules in which these values are embodied (Part II), to international and domestic institutions that enforce the law (Part III). It subsequently deals with current challenges in the application of rules of international conflict and security law (Part IV), and crimes as the most serious violations of those rules (Part V). Finally, in the section on case studies (Part VI), lessons learnt from a number of conflict situations are discussed. Written by an international team of experts representing all the major legal systems of the world, the book is intended as a reference work for students and researchers, domestic and international judges, as well as for legal advisers to governments and international and non-governmental organisations. Sergey Sayapin is Associate Professor and Associate Dean at KIMEP University, School of Law in Almaty, Kazakhstan. Rustam Atadjanov is Assistant Professor at KIMEP University, School of Law in Almaty, Kazakhstan. Umesh Kadam is formerly Additional Professor at the National Law School of India University, Bangalore, India and Legal Adviser with the International Committee of the Red Cross. Gerhard Kemp is Professor of Law at the University of Derby in the United Kingdom. Nicolás Zambrana-Tévar is Associate Professor at KIMEP University, School of Law in Almaty, Kazakhstan. Noëlle Quénivet is Professor in International Law at the University of the West of England, Bristol Law School in the United Kingdom.
Post-TRC Prosecutions in South Africa by Ole Bubenzer Pdf
This book offers the first comprehensive analysis and evaluation of criminal prosecutions required after the Truth and Reconciliation Commission’s amnesty process, putting the issue into a normative and practical perspective of transitional justice in South Africa.
"The widely held assumption that the Israeli occupation of Palestinian territory is a temporary situation and that the 'peace process' will soon bring an end to Israeli abuses has obscured the reality on the ground today of Israel's entrenched discriminatory rule over Palestinians. A single authority, the Israeli government, rules primarily over the area between the Jordan River and Mediterranean Sea, populated by two groups of roughly equal size, methodologically privileging Jewish Israelis while repressing Palestinians, most severely in the Occupied Palestinian Territory (OPT), made-up of the West Bank, including East Jerusalem, and Gaza. Drawing on years of human rights documentation, case studies and a review of government planning documents, statements by officials and other sources, [this report] examines Israel's treatment of Palestinians and evaluates whether particular Israeli policies and practices in certain areas amount to the crimes against humanity of apartheid and persecution."--Page 4 of cover.
In its last decades, the apartheid regime was confronted with an existential threat. While internal resistance to the last whites-only government grew, mandatory international sanctions prohibited sales of strategic goods and arms to South Africa. To counter this, a global covert network of nearly fifty countries was built. In complete secrecy, allies in corporations, banks, governments and intelligence agencies across the world helped illegally supply guns and move cash in one of history's biggest money laundering schemes. Whistleblowers were assassinated and ordinary people suffered. Weaving together archival material, interviews and newly declassified documents, Apartheid Guns and Money exposes some of the darkest secrets of apartheid's economic crimes, their murderous consequences, and those who profited: heads of state, arms dealers, aristocrats, bankers, spies, journalists and secret lobbyists. These revelations, and the difficult questions they pose, will both allow and force the new South Africa to confront its past.
Performing South Africa's Truth Commission by Catherine M. Cole Pdf
South Africa's Truth and Reconciliation Commissions helped to end apartheid by providing a forum that exposed the nation's gross human rights abuses, provided amnesty and reparations to selected individuals, and eventually promoted national unity and healing. The success or failure of these commissions has been widely debated, but this is the first book to view the truth commission as public ritual and national theater. Catherine M. Cole brings an ethnographer's ear, a stage director's eye, and a historian's judgment to understand the vocabulary and practices of theater that mattered to the South Africans who participated in the reconciliation process. Cole looks closely at the record of the commissions, and sees their tortured expressiveness as a medium for performing evidence and truth to legitimize a new South Africa.
Public Health Crisis Management and Criminal Liability of Governments by Michael Bohlander,Gerhard Kemp,Mark Webster Pdf
This book addresses potential avenues of criminal liability for public health crisis management in the context of the COVID-19 pandemic, under national and international criminal law, especially for causing death and bodily harm. The national case studies are geographically representative and follow a common research grid. Each national case study is prefaced by an overview of the detection and subsequent spread of the pandemic in the country concerned. The relevant legal and constitutional frameworks that governed the government and corporate conduct in the face of the pandemic are also discussed, followed by the consideration of forms of criminal liability. Government responses to the COVID-19 pandemic differed vastly in terms of both the choice of strategies adopted (herd immunity, test-and-trace, lockdown, etc) and the quality and speed of government implementation of those strategies and associated interventions. Both factors impacted the number of infections and casualties. It is therefore appropriate to consider forms of criminal liability for failure of individual members of government, including specific public authorities, to act to the best of their abilities, as timely as possible, and in accordance with expert advice.
Ahmed Timol is one of the most celebrated official murder victims of apartheid South Africa, in the grim company of Solwande 'Looksmart' Ngudle, Joseph Mdluli, Dr. Hoosen Haffejee, Steve Biko, Neil Aggett, the Imam Haron and so many others. The technique of 'defenestratio, ' the act of being teasingly dangled and sometimes dropped, by accident or on purpose, from a high police window, was immortalised in his own death. Ahmed Timol plunged ten stories and hit the ground under bushes at Johannesburg's notorious John Vorster Square.
The implementation of international law in Germany and South Africa by Mehrdad Payandeh,Silja Vöneky,Dire Tladi,Alexander Proelss,Patrick Vrancken,Leonie Hensgen,Engela Schlemmer,Wolfgang Durner,Lisa Chamberlain,Tumai Murombo,Nicola Wenzel,Lilian Chenwi,Kirsten Schmalenbach,Christopher Gevers,Bonolo Dinokopila,Matthias Herdegen Pdf
South Africa, the power house of the African continent, as well as Germany, Europe’s largest economic power, are faced with an intricate maze of international obligations, whether related to the United Nations, the World Trade Organization, the African Union or the European Union (EU), international human rights law, international humanitarian law, or any other sub-regime of international law. The two countries are in a different position when facing the implementation of this maze of obligations. South Africa is a developing economy that faces various capacity challenges which, at times, also impact the manner and extent to which it implements its international treaty obligations. Germany, ont the other hand, benefits from comparatively well-funded institutes of international law and a well-trained academic community, which have contributed to the successful implementation of much of international law. But as the relevant chapters in this volume show, the German case is not without its own complexities. As a result, an exchange of ideas and experiences pertaining to the implementation of international obligations can prove fruitful for both countries. Moreover, such an exchange could also serve as a useful point of departure for other countries in Southern Africa that face similar challenges in relation to implementation. The current book explores suitable techniques of implementation of international law, by comparing South Africa with Germany. After a general overview of the status of international law within Germany and South Africa respectively, it focuses on the implementation of international instruments pertaining to key sub-areas of international law in the two countries. These include the United Nations Charter (peace and security), the international law of the sea, international economic law, international environmental law, international human rights law, international criminal law, regional integration, and the status of international judicial decisions before domestic courts.
