Reparations For Victims Of Genocide War Crimes And Crimes Against Humanity

Author : Carla Ferstman,Mariana Goetz,Alan Stephens
Publisher : BRILL
Page : 584 pages
File Size : 40,6 Mb
Release : 2009-04-24
Category : Law
ISBN : 9789047427957

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Reparations for Victims of Genocide, War Crimes and Crimes against Humanity by Carla Ferstman,Mariana Goetz,Alan Stephens Pdf

This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.

Author : Carla Ferstman,Mariana Goetz
Publisher : BRILL
Page : 790 pages
File Size : 52,9 Mb
Release : 2020-02-17
Category : Law
ISBN : 9789004377196

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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.

Author : Anonim
Publisher : Unknown
Page : 68 pages
File Size : 52,5 Mb
Release : 2007
Category : Genocide
ISBN : OCLC:500984301

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Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity by Anonim Pdf

Author : Carla Ferstman,Alan Stephens,Mariana Goezt
Publisher : Unknown
Page : 0 pages
File Size : 54,5 Mb
Release : 2009
Category : Electronic
ISBN : OCLC:1431088715

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Reparations for Victims of Genocide, War Crimes and Crimes Against Humanitity by Carla Ferstman,Alan Stephens,Mariana Goezt Pdf

Author : Ilaria Bottigliero
Publisher : Springer
Page : 320 pages
File Size : 42,9 Mb
Release : 2013-11-11
Category : Law
ISBN : 9789401760270

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Redress for Victims of Crimes Under International Law by Ilaria Bottigliero Pdf

Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims' redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims' redress.

Author : Dinah Shelton
Publisher : Macmillan Reference USA
Page : 536 pages
File Size : 53,9 Mb
Release : 2005
Category : Armenian massacres, 1915-1923
ISBN : UOM:39076002684756

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Encyclopedia of Genocide and Crimes Against Humanity by Dinah Shelton Pdf

Presents an alphabetically-arranged encyclopedia with over three hundred fifty entries depicting genocide and war crimes from ancient history through the twenty-first century and includes information on the various individuals and groups that have been targeted, courts and tribunals, and various sorts of reparations.

Author : Doctor Adam Jones
Publisher : Zed Books Ltd.
Page : 430 pages
File Size : 55,8 Mb
Release : 2013-07-04
Category : Political Science
ISBN : 9781848136823

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Genocide, War Crimes and the West by Doctor Adam Jones Pdf

Genocide and war crimes are increasingly the focus of scholarly and activist attention. Much controversy exists over how, precisely, these grim phenomena should be defined and conceptualized. Genocide, War Crimes & the West tackles this controversy, and clarifies our understanding of an important but under-researched dimension: the involvement of the US and other liberal democracies in actions that are conventionally depicted as the exclusive province of totalitarian and authoritarian regimes. Many of the authors are eminent scholars and/or renowned activists; in most cases, their contributions are specifically written for this volume. In the opening and closing sections of the book, analytical issues are considered, including questions of responsibility for genocide and war crimes, and institutional responses at both the domestic and international levels. The central section is devoted to an unprecedentedly broad range of original case studies of western involvement, or alleged involvement, in war crimes and genocide. At a moment in history when terrorism has become a near universal focus of public attention, this volume makes clear why the West, as a result of both its historical legacy and contemporary actions, so often excites widespread resentment and opposition throughout the rest of the world.

Author : Dinah Shelton
Publisher : Unknown
Page : 562 pages
File Size : 55,8 Mb
Release : 2005
Category : Armenian massacres, 1915-1923
ISBN : UOM:39076002684764

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Encyclopedia of Genocide and Crimes Against Humanity: I-S by Dinah Shelton Pdf

Presents an alphabetically-arranged encyclopedia with over three hundred fifty entries depicting genocide and war crimes from ancient history through the twenty-first century and includes information on the various individuals and groups that have been targeted, courts and tribunals, and various sorts of reparations.

Author : Koen Feyter
Publisher : Intersentia nv
Page : 543 pages
File Size : 42,7 Mb
Release : 2005
Category : Crimes against humanity
ISBN : 9789050954518

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Out of the Ashes by Koen Feyter Pdf

Over the last decade, the issue of reparation for victims of gross and systematic human rights violations has given rise to intense debates at the national and the international level. Discussions particularly arise in post-conflict situations characterised by serious violations of human rights, such as genocide, crimes against humanity, war crimes, and other forms of injustice of the past. Crucial questions include: what harm inflicted to victims warrants reparation? when and how to repair the harm? who is eligible for reparation and who has the duty to repair? These and other questions raise many challenging issues for theory and practice. This volume contains the contributions presented at an international conference in Brussels, in February 2005, on the right to reparation for victims of serious human rights violations. It also includes the final report of a research project undertaken jointly at the Universities of Antwerp (UA) and Leuven (K.U.Leuven) between 2000 and 2004 on the right to reparation in international law for victims of gross and systematic human rights violations, both from a legal and a socio-political perspective. The present volume is aimed at academics, policy-makers, national and international courts and tribunals, the legal professions, and civil society at large.

Author : Stanislas Kabalira
Publisher : Unknown
Page : 384 pages
File Size : 41,9 Mb
Release : 2016
Category : Law
ISBN : 9462403228

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The Right to Reparations Under the Rome Statute of the International Criminal Court (ICC) by Stanislas Kabalira Pdf

"Rome Statute of the International Criminal Court established and vested the Court with the power to decide on reparations to victims. The concept of reparations to victims remains a controversial topic in international criminal law. Does the Statute explicitly create victims' right to reparations? How and why have we to distinguish between reparations under Article 75 and victim assistance or support from the Trust Fund created by Article 79 of the Statute? Does the Statute or international law embody substantive law to be applied to reparations to victims? From a procedural perspective other questions arise: Has the Statute or the Court developed procedural law that allows to balance the interests of parties to proceedings before a court whose mission is primarily criminal? Where a conflict of jurisdiction arises between the International Criminal Court and national courts, as regards reparations against a convicted person, how can the risk be dispelled? What kind of reparations may redress victims of the most serious international crimes, such as crime of genocide, crimes against humanity and war crimes? Does there exist an effective legal framework to facilitate the implementation of reparations orders issued by the Court? This book endeavours to discuss the major legal issues arising from the introduction of the concept of reparations to victims in international criminal law. More particularly, the book describes challenges in implementing Article 75 of the Rome Statute and attempts to suggest legal solutions thereto"--Back cover.

Author : Jeremy Sarkin
Publisher : Bloomsbury Publishing USA
Page : 320 pages
File Size : 47,7 Mb
Release : 2008-11-30
Category : Political Science
ISBN : 9780313362576

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Colonial Genocide and Reparations Claims in the 21st Century by Jeremy Sarkin Pdf

More and more, the descendants of indigenous victims of genocide, land expropriation, forced labor, and other systematic human rights violations committed by colonial powers are seeking reparations under international law from the modern successor governments and corporations. As the number of colonial reparations cases increases, courts around the world are being asked to apply international law to determine whether reparations are due for atrocities and crimes that might have been committed long ago but whose lasting effects are alleged to injure the modern descendants of the victims. Sarkin analyzes the thorny issues of international law raised in such suits by focusing on groundbreaking cases in which he is involved as legal advisor to the paramount chief of the Herero people of Namibia. In 2001, the Herero became the first ethnic group to seek reparations under the legal definition of genocide by bringing multi-billion-dollar suits against Germany and German companies in a number of U.S. federal courts under the Alien Torts Claim Act of 1789. The Herero genocide, conducted in German South-West Africa (present-day Namibia) between 1904 and 1908, is recognized by the UN as the first organized state genocide in world history. Although the Herero were subjected to Germany's First Genocide, they have, unlike the victims of the Holocaust, received no reparations from Germany. By machine-gun massacres, starvation, poisoning, and forced labor in Germany's first concentration camps, the German Schutztruppe systematically exterminated as many as 105,000 Herero women, and children, composing most of the Herero population. Sarkin considers whether these historical events constitute legally defined genocide, crimes against humanity, and other international crimes. He evaluates the legal status of indigenous polities in Africa at the time and he explores the enduring impact in Namibia of the Germany's colonial campaign of genocide. He extrapolates the Herero case to global issues of reparations, apologies, and historical human rights violations, especially in Africa.

Author : E. Christine Evans
Publisher : Cambridge University Press
Page : 299 pages
File Size : 49,9 Mb
Release : 2012-06-28
Category : Law
ISBN : 9781107019973

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The Right to Reparation in International Law for Victims of Armed Conflict by E. Christine Evans Pdf

Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.

Author : Barbara Rose Johnston,Susan Slyomovics
Publisher : Routledge
Page : 303 pages
File Size : 49,5 Mb
Release : 2016-09-17
Category : Social Science
ISBN : 9781315415871

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Waging War, Making Peace by Barbara Rose Johnston,Susan Slyomovics Pdf

Humans are good at making war—and much less successful at making peace. Genocide, torture, slavery, and other crimes against humanity are gross violations of human rights that are frequently perpetrated and legitimized in the name of nationalism, militarism, and economic development. This book tackles the question of how to make peace by taking a critical look at the primary political mechanism used to "repair" the many injuries suffered in war. With an explicit focus on reparations and human rights, it examines the broad array of abuses being perpetrated in the modern era, from genocide to loss of livelihood. Based on the experiences of anthropologists and others who document abuses and serve as expert witnesses, case studies from around the world offer insight into reparations proceedings; the ethical struggles associated with attempts to secure reparations; the professional and personal risks to researchers, victims, and human rights advocates; and how to come to terms with the political compromises of reparations in the face of the human need for justice. Waging War, Making Peace promises to be a major contribution to public policy, political science, international relations, and human rights and peace research.

Author : Jo-Anne M. Wemmers
Publisher : Routledge
Page : 244 pages
File Size : 46,6 Mb
Release : 2014-05-30
Category : Social Science
ISBN : 9781134709472

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Reparation for Victims of Crimes against Humanity by Jo-Anne M. Wemmers Pdf

Each year, countless people fall victim to crimes against humanity. These include widespread occurrences of systematic murder, torture, rape, disappearances, forced deportation and political persecution. Crimes against humanity constitute an attack on human dignity and as such they violate the human rights of the victim, as well as the laws of humanity. In recent years, following the creation of the International Criminal Court, there has been a growing interest in the prosecution of offenders and, in particular, in reparation following crimes against humanity. While such measures are meant to provide justice for victims, victims are often forgotten or lost in legal debates about what constitutes reparation and who is eligible to receive it. This book reaches beyond the boundaries of law and psychology and takes a multidisciplinary approach to the question of reparation for victims of crimes against humanity. Law does not take place in a vacuum and it is important to consider the impact of the law on the psychology of the victim, as well as the legal principles themselves. Herein lies the originality of this book, which bridges the gaps between psychology, victimology, criminology and law and will be of key interest to academics and students engaged in the study of these areas.

Author : Leslie Alan Horvitz,Christopher Catherwood
Publisher : Infobase Publishing
Page : 593 pages
File Size : 42,6 Mb
Release : 2014-05-14
Category : History
ISBN : 9781438110295

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Encyclopedia of War Crimes and Genocide by Leslie Alan Horvitz,Christopher Catherwood Pdf

Entries address topics related to genocide, crimes against humanity and peace, and human rights violations; profile perpetrators including Joseph Stalin, Pol Pot, and Idi Amin; and discuss institutions set up to prosecute these crimes in countries around the world.