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International Court Authority by Karen J. Alter,Laurence R. Helfer,Mikael Rask Madsen Pdf
International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional and international politics. Examining global and regional bodies, this volume investigates how political and social contexts shape the authority of international courts.
Beyond Evidence by Julia Viebach,Dagmar Hovestädt,Ulrike Lühe Pdf
Drawing on conceptual debates in transitional justice and critical archival studies, as well as empirical cases from various countries around the world, the contributions in this book critically examine how archives are produced by and used in transitional justice processes such as tribunals, truth commissions and remembrance processes. This edited volume provides conceptual critiques of the transitional justice paradigm and innovations in providing a new lens on archival practices in transitional justice. In doing so it offers in-depth analyses of the relationship between archives and transitional justice in France, Colombia, Rwanda, South Africa and Northern-Ireland; it highlights truth commission and (international) court archives as much as personal collections and oral histories. The authors bring critical archival studies into dialogue with transitional justice discourses to highlight the activism and emancipatory potential but also the possibilities of injustices inherent in archives and archival practice. Crucially, the book goes beyond merely highlighting the evidentiary value of archives by linking them to a multitude of transitional justice processes, goals and ideals, including remembrance processes, witnessing, reconciliation, non-recurrence, and various struggles against injustices and prevalent violence. This collection contributes to and expands our understanding of archives in transitional justice and critically questions core assumptions being made about the inherently positive contributions archives and records make to dealing with a violent past. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.
Temporary Courts, Permanent Records by Trudy Huskamp Peterson Pdf
Introduction -- Courts and their records -- The role of the United Nations -- Users and records of the courts -- Need for an international judicial archives -- Appraising court records -- Evidence -- Access to court records -- Conclusion -- Recommendations.
Archives and Human Rights by Jens Boel,Perrine Canavaggio,Antonio González Quintana Pdf
Why and how can records serve as evidence of human rights violations, in particular crimes against humanity, and help the fight against impunity? Archives and Human Rights shows the close relationship between archives and human rights and discusses the emergence, at the international level, of the principles of the right to truth, justice and reparation. Through a historical overview and topical case studies from different regions of the world the book discusses how records can concretely support these principles. The current examples also demonstrate how the perception of the role of the archivist has undergone a metamorphosis in recent decades, towards the idea that archivists can and must play an active role in defending basic human rights, first and foremost by enabling access to documentation on human rights violations. Confronting painful memories of the past is a way to make the ghosts disappear and begin building a brighter, more serene future. The establishment of international justice mechanisms and the creation of truth commissions are important elements of this process. The healing begins with the acknowledgment that painful chapters are essential parts of history; archives then play a crucial role by providing evidence. This book is both a tool and an inspiration to use archives in defence of human rights. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/ISBN, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
International Legal Argument in the Permanent Court of International Justice by Ole Spiermann Pdf
The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.
Author : Christopher N. J. Roberts Publisher : Cambridge University Press Page : 265 pages File Size : 55,8 Mb Release : 2015 Category : Law ISBN : 9781107014633
Assessing the Legacy of the ICTY by Richard H. Steinberg Pdf
This collection of essays assesses the legacy established by the most important international criminal tribunal since the Nuremberg and Tokyo war crimes trials, and considers what might be done to enhance or modify the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), including improvement of the capacity of state courts in the region to prosecute violations of humanitarian law by using the Tribunal’s documents, evidence, law, and practice.
Author : Kevin Jon Heller Publisher : Oxford University Press on Demand Page : 528 pages File Size : 44,8 Mb Release : 2011-06-23 Category : History ISBN : 9780199554317
The Nuremberg Military Tribunals and the Origins of International Criminal Law by Kevin Jon Heller Pdf
This book provides the first comprehensive legal analysis of the twelve war-crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMT). The judgments these Tribunals produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand genocide, crimes against humanity, and the crime of aggression. The trials are of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than the main Nuremberg Trial (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMT, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'. This book starts by tracing the history of the NMT. It then discusses the law and procedure applied by the NMT, with a focus on the important differences between Control Council Law No. 10 and the Nuremberg Charter and on the protection of the defendants' right to a fair trial. The third section, the heart of the book, provides a systematic analysis of the NMT's jurisprudence. It covers Law No. 10's core crimes, crimes against peace, war crimes, and crimes against humanity, as well as the crimes of conspiracy and membership of a criminal organization. This section also analyzes the general principles of liability that the Tribunals applied and on the defenses they did -and did not- recognize. The final section of the book deals with the aftermath of the trials and their historical legacy.
Impact in International Affairs by James Gow,Henry Redwood Pdf
This book examines how and to what extent academic research in politics and international studies has had 'impact' — in doing so, it also considers what might characterise ‘world-leading’ research impact. International Relations was always meant to have impact – it was intended to make a difference in the world, when the subject was formally founded to understand and prevent war in 1919. This volume addresses the concept of ‘impact’ and offers a typology of the term — instrumental, conceptual, capacity building and procedural. The authors examine 111 impact case studies in the UK Research Excellence Framework (2014) that were classified as having achieved the highest level of evaluation, and they identify eight characteristics that mark ‘world-leading’ impact. The book concludes that process and public and media engagement are previously underestimated aspects of impact in official approaches. It further demonstrates that achieving the top levels of impact in international relations is possible, but that factors such as the nature of the subject, the approach of researchers and mean-spiritedness in the peer review process inhibited this. This book will be of much interest to students of politics and international studies, as well as educational research and policy makers, and anyone interested in, or working on, research impact.
Archival Silences by Michael Moss,David Thomas Pdf
Archival Silences demonstrates emphatically that archival absences exist all over the globe. The book questions whether benign ‘silence’ is an appropriate label for the variety of destructions, concealment and absences that can be identified within archival collections. Including contributions from archivists and scholars working around the world, this truly international collection examines archives in Australia, Brazil, Denmark, England, India, Iceland, Jamaica, Malawi, The Philippines, Scotland, Turkey and the United States. Making a clear link between autocratic regimes and the failure to record often horrendous crimes against humanity, the volume demonstrates that the failure of governments to create records, or to allow access to records, appears to be universal. Arguing that this helps to establish a hegemonic narrative that excludes the ‘other’, this book showcases the actions historians and archivists have taken to ensure that gaps in archives are filled. Yet the book also claims that silences in archives are inevitable and argues not only that recordkeeping should be mandated by international courts and bodies, but that we need to develop other ways of reading archives broadly conceived to compensate for absences. Archival Silences addresses fundamental issues of access to the written record around the world. It is directed at those with a concern for social justice, particularly scholars and students of archival studies, history, sociology, international relations, international law, business administration and information science.