Prosecuting War Criminals As The Basis For Reconciliation Policy

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Prosecuting War Crimes

Author : James Gow,Rachel Kerr,Zoran Pajic
Publisher : Routledge
Page : 286 pages
File Size : 42,5 Mb
Release : 2013-09-23
Category : Law
ISBN : 9781134610846

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Prosecuting War Crimes by James Gow,Rachel Kerr,Zoran Pajic Pdf

This volume examines the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), which was created under Chapter VII of the UN Charter as a mechanism explicitly aimed at the restoration and maintenance of international peace and security. As the ICTY has now entered its twentieth year, this volume reflects on the record and practices of the Tribunal. Since it was established, it has had enormous impact on the procedural, jurisprudential and institutional development of international criminal law, as well as the international criminal justice project. This will be its international legacy, but its legacy in the region where the crimes under its jurisdiction took place is less clear; research has shown that reactions to the ICTY have been mixed among the communities most affected by its work. Bringing together a range of key thinkers in the field, Prosecuting War Crimes explores these findings and discusses why many feel that the ICTY has failed to fully engage with people’s experiences and meet their expectations. This book will be of much interest to students of war crimes, international criminal law, Central and East European politics, human rights, and peace and conflict studies.

Defendants and Victims in International Criminal Justice

Author : Juan Pablo Perez-Leon-Acevedo,Joanna Nicholson
Publisher : Routledge
Page : 255 pages
File Size : 42,6 Mb
Release : 2020-04-29
Category : Law
ISBN : 9781000037241

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Defendants and Victims in International Criminal Justice by Juan Pablo Perez-Leon-Acevedo,Joanna Nicholson Pdf

This volume considers a variety of key issues pertaining to the rights of defendants and victims at International Criminal Courts (ICTs) and explores how best to balance and enhance the rights of both in order to ensure the effectiveness and efficiency of international criminal proceedings. The rights of victims are becoming an increasingly important issue at ICTs. Yet, at the same time, this has to be achieved without having a detrimental impact upon on the rights of the defence and the efficiency of the courts. This book provides analyses of issues on the rights of both the accused and the victims. By discussing matters concerning these two pivotal actors in international criminal justice within the same volume, the work highlights that there are intrinsic and intense conflicting and converging relationships between victims and the accused, particularly in terms of their rights. While most of the chapters focus mainly on either the accused or the victims, others discuss both at the same time. The work strikes a fine balance between, on the one hand, classic topics on the rights of the accused and the rights of the victims and, on the other, topics which have been largely unexplored and/or which require new angles or perspectives. Additionally, there are some chapters which approach both the rights of the accused and the rights of the victims in new contexts and/or under novel perspectives. The book as a whole provides a discussion of the two sides of this important coin of international criminal justice. The work will be an essential resource for academics, practitioners and students with an interest in the field of international criminal law. It will also be of interest to human rights scholars who are working with the rights of victims and the accused.

Reconciliation After Violent Conflict

Author : David Bloomfield,Terri Barnes,Lucien Huyse
Publisher : Unknown
Page : 188 pages
File Size : 50,8 Mb
Release : 2003
Category : Political Science
ISBN : STANFORD:36105111804477

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Reconciliation After Violent Conflict by David Bloomfield,Terri Barnes,Lucien Huyse Pdf

How does a newly democratized nation constructively address the past to move from a divided history to a shared future? How do people rebuild coexistence after violence? The International IDEA Handbook on Reconciliation after Violent Conflict presents a range of tools that can be, and have been, employed in the design and implementation of reconciliation processes. Most of them draw on the experience of people grappling with the problems of past violence and injustice. There is no "right answer" to the challenge of reconciliation, and so the Handbook prescribes no single approach. Instead, it presents the options and methods, with their strengths and weaknesses evaluated, so that practitioners and policy-makers can adopt or adapt them, as best suits each specific context. Also available in a French language version.

The International Criminal Court

Author : Marlies Glasius
Publisher : Routledge
Page : 177 pages
File Size : 51,6 Mb
Release : 2006-03-29
Category : Law
ISBN : 9781134315673

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The International Criminal Court by Marlies Glasius Pdf

A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?

Transitional Justice and Reconciliation

Author : Martina Fischer,Olivera Simic
Publisher : Routledge
Page : 272 pages
File Size : 52,7 Mb
Release : 2015-11-06
Category : Law
ISBN : 9781317529569

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Transitional Justice and Reconciliation by Martina Fischer,Olivera Simic Pdf

Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.

German Foreign Policy and Greek Martyr Communities

Author : Charalampos Babis Karpouchtsis
Publisher : Springer Nature
Page : 404 pages
File Size : 50,6 Mb
Release : 2024-06-28
Category : Electronic
ISBN : 9783658443702

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German Foreign Policy and Greek Martyr Communities by Charalampos Babis Karpouchtsis Pdf

The First Global Prosecutor

Author : Martha Minow,C. Cora True-Frost,Alex Whiting
Publisher : University of Michigan Press
Page : 397 pages
File Size : 41,8 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

Traditional Justice and Reconciliation After Violent Conflict

Author : Lucien Huyse,Mark Salter
Publisher : International IDEA
Page : 0 pages
File Size : 54,6 Mb
Release : 2008
Category : Burundi
ISBN : 9185724289

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Traditional Justice and Reconciliation After Violent Conflict by Lucien Huyse,Mark Salter Pdf

This book presents the findings of a major comparative study examining the role played by traditional justice mechanisms in dealing with the legacy of violent conflict in Africa. It focuses on case studies of five countries -- Rwanda, Mozambique, Uganda, Sierra Leone and Burundi - that are used as the basis for outlining conclusions and options for future policy development in the related areas of post-conflict reconstruction, democracy building and development. "Traditional Justice & Reconciliation After Violent Conflict" suggests that in some circumstances traditional mechanisms can effectively complement conventional judicial systems and represent a real potential for promoting justice, reconciliation and a culture of democracy. At the same time it cautions against unrealistic expectations of traditional structures and offers a sober, evidence-based assessment of both the strengths and the weaknesses of traditional conflict management mechanisms within the broader framework of post-conflict social reconstruction efforts. The book is intended to serve both as a general knowledge resource and as a practitioner's guide for national bodies seeking to employ traditional justice mechanisms, as well as external agencies aiming to support such processes.

The Elusive Reconciliation in the Former Yugoslavia

Author : Mirko Klarin
Publisher : Torkel Opsahl Academic EPublisher
Page : 4 pages
File Size : 47,7 Mb
Release : 2015-05-29
Category : Law
ISBN : 9788283480009

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The Elusive Reconciliation in the Former Yugoslavia by Mirko Klarin Pdf

The Tokyo War Crimes Tribunal

Author : David J. Cohen,Yuma Totani
Publisher : Cambridge University Press
Page : 561 pages
File Size : 42,9 Mb
Release : 2018-11-22
Category : History
ISBN : 9781107119703

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The Tokyo War Crimes Tribunal by David J. Cohen,Yuma Totani Pdf

Challenges the persistent orthodoxies of the Tokyo tribunal and provides a new framework for evaluating the trial, revealing its importance to international jurisprudence.

Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary

Author : Truth and Reconciliation Commission of Canada
Publisher : James Lorimer & Company
Page : 673 pages
File Size : 48,6 Mb
Release : 2015-07-22
Category : History
ISBN : 9781459410695

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Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary by Truth and Reconciliation Commission of Canada Pdf

This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.

Reconciliation in Divided Societies

Author : Erin Daly,Jeremy Sarkin
Publisher : University of Pennsylvania Press
Page : 350 pages
File Size : 48,6 Mb
Release : 2011-09-07
Category : Political Science
ISBN : 081220638X

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Reconciliation in Divided Societies by Erin Daly,Jeremy Sarkin Pdf

"As nations struggling to heal wounds of civil war and atrocity turn toward the model of reconciliation, Reconciliation in Divided Societies takes a systematic look at the political dimensions of this international phenomenon. . . . The book shows us how this transformation happens so that we can all gain a better understanding of how, and why, reconciliation really works. It is an almost indispensable tool for those who want to engage in reconciliation"—from the foreword by Archbishop Emeritus Desmond Tutu As societies emerge from oppression, war, or genocide, their most important task is to create a civil society strong and stable enough to support democratic governance. More and more conflict-torn countries throughout the world are promoting reconciliation as central to their new social order as they move toward peace and stability. Scores of truth and reconciliation commissions are helping bring people together and heal the wounds of deeply divided societies. Since the South African transition, countries as diverse as Timor Leste, Sierra Leone, Fiji, Morocco, and Peru have placed reconciliation at the center of their reconstruction and development programs. Other efforts to promote reconciliation—including trials and governmental programs—are also becoming more prominent in transitional times. But until now there has been no real effort to understand exactly what reconciliation could mean in these different situations. What does true reconciliation entail? How can it be achieved? How can its achievement be assessed? This book digs beneath the surface to answer these questions and explain what the concepts of truth, justice, forgiveness, and reconciliation really involve in societies that are recovering from internecine strife. Looking to the future as much as to the past, Erin Daly and Jeremy Sarkin maintain that reconciliation requires fundamental political and economic reform along with personal healing if it is to be effective in establishing lasting peace and stability. Reconciliation, they argue, is best thought of as a means for transformation. It is the engine that enables victims to become survivors and divided societies to transform themselves into communities where people work together to raise children and live productive, hopeful lives. Reconciliation in Divided Societies shows us how this transformation happens so that we can all gain a better understanding of how and why reconciliation is actually accomplished.

War Crimes Tribunals and Transitional Justice

Author : Madoka Futamura
Publisher : Routledge
Page : 462 pages
File Size : 45,8 Mb
Release : 2007-10-11
Category : History
ISBN : 9781134091317

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War Crimes Tribunals and Transitional Justice by Madoka Futamura Pdf

Advocates of theNuremberg legacy emphasize the positive impact of the individualization of responsibility and the establishment of an historical record through judicial procedures forwar crimes. This legacy has been cited in the context of the establishment and operation of the UN ad hoc International Criminal Tribunals in the 1990s, as well

Report of the Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions

Author : Ontario. Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions,G. Arthur Martin
Publisher : The Committee
Page : 523 pages
File Size : 47,5 Mb
Release : 1993-01-01
Category : Evidence, Criminal
ISBN : 077781515X

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Report of the Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions by Ontario. Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions,G. Arthur Martin Pdf