Quasi State Entities And International Criminal Justice

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Quasi-state Entities and International Criminal Justice

Author : Ernst Dijxhoorn
Publisher : Taylor & Francis
Page : 217 pages
File Size : 42,9 Mb
Release : 2017-02-17
Category : Law
ISBN : 9781315402857

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Quasi-state Entities and International Criminal Justice by Ernst Dijxhoorn Pdf

This book explores the intended and unintended impact of international criminal justice on the legitimacy of quasi-state entities (QSEs). In order to do so, the concept of ‘quasi-state entity’ is introduced to distinguish actors in statehood conflicts that aspire to statehood, and fulfil statehood functions to a greater or lesser degree, including the capacity and willingness to deploy armed force, but lack the status of sovereign statehood. This work explores the ability of QSEs to create and maintain legitimacy for their actions, institutions and statehood projects in various constituencies simultaneously. It looks at how legitimacy is a prerequisite for success of QSEs and, using critical legitimacy theory, assesses the legitimating narratives of QSEs and their statehood adversaries. The book links international criminal justice to statehood projects of QSEs and their success and legitimacy. It looks at the effects of international criminal justice on the ability to create and maintain legitimacy of QSEs, an approach that leads to new insights regarding international courts and tribunals as entities competing with states over statehood functions that increasingly have to take the legal implications of their actions into consideration. Most important, a close assessment of the legitimising narratives of QSEs, counter narratives, and the messages sent by international criminal justice with which QSEs have to deal, and their ability to overcome legitimacy crises, provides insight on QSEs and the complex processes of legitimation. This book will be of much interest to students of international criminal justice, political violence, security studies and IR.

Quasi-state Entities and International Criminal Justice

Author : Ernst Dijxhoorn
Publisher : Routledge
Page : 254 pages
File Size : 49,6 Mb
Release : 2017-02-17
Category : Political Science
ISBN : 9781315402840

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Quasi-state Entities and International Criminal Justice by Ernst Dijxhoorn Pdf

This book explores the intended and unintended impact of international criminal justice on the legitimacy of quasi-state entities (QSEs). In order to do so, the concept of ‘quasi-state entity’ is introduced to distinguish actors in statehood conflicts that aspire to statehood, and fulfil statehood functions to a greater or lesser degree, including the capacity and willingness to deploy armed force, but lack the status of sovereign statehood. This work explores the ability of QSEs to create and maintain legitimacy for their actions, institutions and statehood projects in various constituencies simultaneously. It looks at how legitimacy is a prerequisite for success of QSEs and, using critical legitimacy theory, assesses the legitimating narratives of QSEs and their statehood adversaries. The book links international criminal justice to statehood projects of QSEs and their success and legitimacy. It looks at the effects of international criminal justice on the ability to create and maintain legitimacy of QSEs, an approach that leads to new insights regarding international courts and tribunals as entities competing with states over statehood functions that increasingly have to take the legal implications of their actions into consideration. Most important, a close assessment of the legitimising narratives of QSEs, counter narratives, and the messages sent by international criminal justice with which QSEs have to deal, and their ability to overcome legitimacy crises, provides insight on QSEs and the complex processes of legitimation. This book will be of much interest to students of international criminal justice, political violence, security studies and IR.

Human Rights and International Humanitarian Law

Author : Zimmermann, Andreas,Weiß, Norman
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 43,8 Mb
Release : 2022-05-19
Category : Political Science
ISBN : 9781839108273

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Human Rights and International Humanitarian Law by Zimmermann, Andreas,Weiß, Norman Pdf

This ground-breaking book expertly brings together the many effective dementia interventions to reduce the symptoms of this debilitating condition and also, for the first time, a Cost-Benefit Analysis of those interventions to establish whether the benefits outweigh the costs. Focussing on new interventions such as years of education, medicare eligibility, hearing aids and vision correction, Robert Brent also takes an innovative look at the need to reduce elder abuse and initiate an international convention for human rights.

Transitional Justice in Peacebuilding

Author : Djeyhoun Ostowar
Publisher : Routledge
Page : 186 pages
File Size : 40,6 Mb
Release : 2020-11-22
Category : Political Science
ISBN : 9781000261486

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Transitional Justice in Peacebuilding by Djeyhoun Ostowar Pdf

This book explores the role of actors in determining transitional justice in peacebuilding contexts. In recent decades, transitional justice mechanisms and processes have been introduced to a variety of settings, becoming widely regarded as essential elements in the ‘peacebuilding toolbox’. While it has increasingly been suggested that transitional justice is imposed by neo-imperial actors with little regard for the needs and cultures of local populations, evidence suggests that dismissing these policies as neo-imperial or neo-liberal impositions would result in grossly overlooking their dynamics, which involve a whole range of relevant actors operating at multiple levels. This book interrogates this theme through empirical analysis of three sites of peacebuilding that have seen extensive international involvement: Kosovo, East Timor and Afghanistan. It proposes a novel framework for analysing and approaching transitional justice in peacebuilding that disaggregates three broad sets of actors operating at different levels in relevant processes: external actors (international and regional levels), transitional justice promoters (local, national, international and transnational levels), and transitional regimes (national and local levels). The book argues that transitional justice in peacebuilding must be conceived of as actor-contingent and malleable due to the significance of agency and (inter)actions of key categories of actors throughout peacebuilding transition. This book will be of interest to students and practitioners of transitional justice, peacebuilding, law, and International Relations.

Prosecuting War Crimes

Author : James Gow,Rachel Kerr,Zoran Pajic
Publisher : Routledge
Page : 264 pages
File Size : 43,8 Mb
Release : 2013-09-23
Category : Law
ISBN : 9781134610778

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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.

The Oxford Handbook of International Criminal Law

Author : Darryl Robinson
Publisher : Oxford University Press
Page : 896 pages
File Size : 53,7 Mb
Release : 2020-02-24
Category : Law
ISBN : 9780192558893

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The Oxford Handbook of International Criminal Law by Darryl Robinson Pdf

In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

International Tribunals and Human Security

Author : James Meernik
Publisher : Rowman & Littlefield
Page : 205 pages
File Size : 45,6 Mb
Release : 2016-08-16
Category : Political Science
ISBN : 9781442269682

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International Tribunals and Human Security by James Meernik Pdf

The purpose of this text is to evaluate the extent to which international judicial institutions—principally the four most prominent tribunals, the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the International Criminal Court— have proven effective in advancing human security. It examines the processes of international justice, the judicial outcomes of these institutions, and the more long-range impact of their work on human rights and peace to assess their consequences in the affected nations as well as the international community.

State Sovereignty and International Criminal Law

Author : Morten Bergsmo,LING Yan
Publisher : Torkel Opsahl Academic EPublisher
Page : 300 pages
File Size : 44,6 Mb
Release : 2012-11-19
Category : Law
ISBN : 9788293081357

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State Sovereignty and International Criminal Law by Morten Bergsmo,LING Yan Pdf

'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.

The Art of Creating Power

Author : Benedict Wilkinson,James Gow
Publisher : Oxford University Press
Page : 128 pages
File Size : 46,9 Mb
Release : 2017-09-01
Category : Political Science
ISBN : 9780190862671

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The Art of Creating Power by Benedict Wilkinson,James Gow Pdf

The Art of Creating Power explores the intellectual thought and wider impact -- on military affairs, politics and the universities -- of Professor Sir Lawrence Freedman, one of the world's leading authorities on strategy, conflict and international politics. In this volume, senior scholars of international relations and military history trace the long trajectory of Freedman's career, examining his scholarly contribution to a whole host of areas from nuclear strategy to US foreign policy via terrorism, the Falklands War, and Iraq. Individually, these essays provide fascinating and innovative insights into strategy, contemporary defence and foreign policy, and conflict. Taken together, however, they are greater than the sum of their parts as they both reflect and explore the theoretical approach adopted and taught by Freedman - one that has made him one of the great intellectual figures in the canon of international politics, strategy and war. Throughout his professional life, Freedman explored many of the uncertainties that plague our highly unstable world. But as conflicts continue to erupt across the globe, it seems we may be entering an even more precarious and uncertain era. There could hardly be a better time than today to gain a deeper understanding of Freedman's strategic insights.

International Criminal Justice and the Politics of Compliance

Author : Christopher K. Lamont
Publisher : Routledge
Page : 234 pages
File Size : 43,5 Mb
Release : 2016-04-22
Category : Political Science
ISBN : 9781317114253

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International Criminal Justice and the Politics of Compliance by Christopher K. Lamont Pdf

International Criminal Justice and the Politics of Compliance provides a comprehensive study of compliance with legal obligations derived from the International Criminal Tribunal for the former Yugoslavia's (ICTY) Statute and integrates theoretical debates on compliance into international justice scholarship. Through the use of three models of compliance based on coercion, self-interest and norms, Christopher Lamont explores both the domestic politics of war crimes indictments and efforts by external actors such as the European Union, the United States and the Tribunal itself to induce compliance outcomes. He examines whether compliance outcomes do or do not translate into a changed normative understanding of international criminal justice on the part of target states.

Routledge Handbook of War, Law and Technology

Author : James Gow,Ernst Dijxhoorn,Rachel Kerr,Guglielmo Verdirame
Publisher : Routledge
Page : 626 pages
File Size : 53,6 Mb
Release : 2019-05-15
Category : Political Science
ISBN : 9781351619974

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Routledge Handbook of War, Law and Technology by James Gow,Ernst Dijxhoorn,Rachel Kerr,Guglielmo Verdirame Pdf

This volume provides an authoritative, cutting-edge resource on the characteristics of both technological and social change in warfare in the twenty-first century, and the challenges such change presents to international law. The character of contemporary warfare has recently undergone significant transformation in several important respects: the nature of the actors, the changing technological capabilities available to them, and the sites and spaces in which war is fought. These changes have augmented the phenomenon of non-obvious warfare, making understanding warfare one of the key challenges. Such developments have been accompanied by significant flux and uncertainty in the international legal sphere. This handbook brings together a unique blend of expertise, combining scholars and practitioners in science and technology, international law, strategy and policy, in order properly to understand and identify the chief characteristics and features of a range of innovative developments, means and processes in the context of obvious and non-obvious warfare. The handbook has six thematic sections: Law, war and technology Cyber warfare Autonomy, robotics and drones Synthetic biology New frontiers International perspectives. This interdisciplinary blend and the novel, rich and insightful contribution that it makes across various fields will make this volume a crucial research tool and guide for practitioners, scholars and students of war studies, security studies, technology and design, ethics, international relations and international law.

Organizing Rebellion

Author : Tilman Rodenhäuser
Publisher : Oxford University Press
Page : 401 pages
File Size : 45,6 Mb
Release : 2018
Category : Law
ISBN : 9780198821946

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Organizing Rebellion by Tilman Rodenhäuser Pdf

As non-state actors proliferate both in number and variety, the time is ripe for an explication of what obligations armed groups are under. Ground-breaking in examining humanitarian, human rights, and criminal law, Rodenhauser analyses groups ranging from gangs to cyber criminals to ask when organisations become culpable under international law.

UN Security Council Referrals to the International Criminal Court

Author : Alexandre Skander Galand
Publisher : BRILL
Page : 278 pages
File Size : 46,9 Mb
Release : 2018-11-22
Category : Law
ISBN : 9789004342217

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UN Security Council Referrals to the International Criminal Court by Alexandre Skander Galand Pdf

Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.

Militancy and Violence in West Africa

Author : James Gow,Funmi Olonisakin,Ernst Dijxhoorn
Publisher : Routledge
Page : 314 pages
File Size : 51,9 Mb
Release : 2013-07-18
Category : History
ISBN : 9781135968571

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Militancy and Violence in West Africa by James Gow,Funmi Olonisakin,Ernst Dijxhoorn Pdf

This volume provides a systematic and cross-regional analysis of radicalisation, militancy and violence in West Africa. Concern about terrorism in, or from, West Africa, has been recognised in academic research, and the adoption of militarised approaches to addressing it questioned. However, the basis for that questioning – the need to investigate factors such as the historical and socio-economic roots of militancy – is not developed, nor is it substantiated in existing studies. The significant impact of religiously motivated radicalisation and violence in West Africa upon international security makes it essential to understand the issues of militancy and violence in the region. In this volume, the authors draw upon empirical research in West Africa to develop understanding in these areas. Over the course of several chapters written by leading experts in the field, the book successfully blends historical and conceptual analysis with new empirical research gathered from focus group discussions and research interviews. Each of these core studies is structured around five interrelated issues: tracing the antecedents of radicalisation; monitoring trends; identifying actors; anticipating possibilities; and analysing the strength of existing preventive mechanisms. This book will be of much interest to students of African security, African politics, radicalisation, political Islam, war and conflict studies and security studies in general.

The Law and Practice of the International Criminal Court

Author : Carsten Stahn
Publisher : Oxford University Press, USA
Page : 1441 pages
File Size : 53,5 Mb
Release : 2015
Category : Law
ISBN : 9780198705161

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The Law and Practice of the International Criminal Court by Carsten Stahn Pdf

The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.