The Concept Of Race In International Criminal Law

Author : Carola Lingaas
Publisher : Routledge
Page : 319 pages
File Size : 47,7 Mb
Release : 2019-09-19
Category : History
ISBN : 9780429812934

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The Concept of Race in International Criminal Law by Carola Lingaas Pdf

Members of racial groups are protected under international law against genocide, persecution, and apartheid. But what is race – and why was this contentious term not discussed when drafting the Statute of the International Criminal Court? Although the law uses this term, is it legitimate to talk about race today, let alone convict anyone for committing a crime against a racial group? This book is the first comprehensive study of the concept of race in international criminal law. It explores the theoretical underpinnings for the crimes of genocide, apartheid, and persecution, and analyses all the relevant legal instruments, case law, and scholarship. It exposes how the international criminal tribunals have largely circumvented the topic of race, and how incoherent jurisprudence has resulted in inconsistent protection. The book provides important new interpretations of a problematic concept by subjecting it to a multifaceted and interdisciplinary analysis. The study argues that race in international criminal law should be constructed according to the perpetrator's perception of the victims’ ostensible racial otherness. The perpetrator’s imagination as manifested through his behaviour defines the victims’ racial group membership. It will be of interest to students and practitioners of international criminal law, as well as those studying genocide, apartheid, and race in domestic and international law.

Author : Immi Tallgren,Thomas Skouteris
Publisher : Oxford University Press
Page : 288 pages
File Size : 52,5 Mb
Release : 2019-03-21
Category : Law
ISBN : 9780192565143

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The New Histories of International Criminal Law by Immi Tallgren,Thomas Skouteris Pdf

The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.

Author : Mark Findlay
Publisher : Routledge
Page : 349 pages
File Size : 41,7 Mb
Release : 2013-06-19
Category : Social Science
ISBN : 9781136184154

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International and Comparative Criminal Justice by Mark Findlay Pdf

International criminal justice is in transition. This book explores the growing internationalisation of criminal justice as a phenomenon of global governance. It provides students with a critical understanding of the international institutions for regulating transnational crime, the development of alternative justice processes across the globe, and international and supra-national co-operation criminal justice policies and practices. Key topics covered include: The historical development of International Criminal Justice institutions and traditions International Restorative Justice Victim communities and collaborative justice The relationship between crime and war International Human Rights The ‘War on Terror’ The globalisation of crime and control Developments in global governance, communitarian justice and accountability This text will familiarize students with the literature and debates surrounding international criminal justice and enable them to critically appreciate their theoretical and policy context. In doing so, it encourages students to assess the strengths and weaknesses of different approaches to the study of global justice and the analysis of comparative policy convergence and research. It will also help students to reflect on, and communicate in an informed and critical way theoretical accounts and empirical studies within the field of international criminal justice. This book will be essential reading for upper level undergraduates taking courses in criminal law, international relations and governance and postgraduates engaged in international criminal justice, international law, regulation and governance and human rights.

Author : Matthew Clair
Publisher : Princeton University Press
Page : 320 pages
File Size : 53,9 Mb
Release : 2022-06-21
Category : Social Science
ISBN : 9780691233871

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Privilege and Punishment by Matthew Clair Pdf

How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.

Author : Darryl Robinson
Publisher : Oxford University Press, USA
Page : 911 pages
File Size : 52,6 Mb
Release : 2020
Category : Law
ISBN : 9780198825203

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The Oxford Handbook of International Criminal Law by Darryl Robinson Pdf

Moving away from conventional approaches to the study of the subject, the Oxford Handbook of International Criminal Law draws on insights from disciplines both outside of criminal law and outside of law itself to critically examine issues such as international criminal law's actors, rationales, boundaries, and narratives

Author : Carsten Stahn
Publisher : Oxford University Press, USA
Page : 1441 pages
File Size : 50,9 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.

Author : Oumar Ba
Publisher : Cambridge University Press
Page : 207 pages
File Size : 44,5 Mb
Release : 2020-07-02
Category : Law
ISBN : 9781108488778

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States of Justice by Oumar Ba Pdf

This book theorizes how weaker states in the international system use the ICC to advance their security and political interests.

Author : Mark Klamberg
Publisher : Torkel Opsahl Academic EPublisher
Page : 819 pages
File Size : 41,8 Mb
Release : 2017-04-29
Category : Law
ISBN : 9788283481013

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Commentary on the Law of the International Criminal Court by Mark Klamberg Pdf

Author : Patrick Thornberry
Publisher : Oxford University Press
Page : 576 pages
File Size : 43,8 Mb
Release : 2016-07-14
Category : Law
ISBN : 9780191669675

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The International Convention on the Elimination of All Forms of Racial Discrimination by Patrick Thornberry Pdf

The Convention on the Elimination of All Forms of Racial Discrimination is the centrepiece of international efforts to address racial discrimination, defined in broad terms to include discrimination based on race, colour, descent, or national or ethnic origin. Victims of discrimination within the scope of the Convention include minorities, indigenous peoples, non-citizens, and caste or descent groups. Virtually all national societies are diverse in terms of ethnicity or 'race' and none is free from discrimination, making it one of the great issues of our time. Against the background of international human rights standards and mechanisms to counter racial and ethnic discrimination, this book provides the first comprehensive legal analysis of the provisions of the Convention on an article-by article basis. The book addresses the place of the Convention within the broader framework of international action against discrimination. The different chapters analyse and discuss broad topics of race, ethnicity, and international law, the genesis and drafting of the Convention, the aims and objectives of the Convention in light of its preamble, and principles of non-discrimination and equality. In particular, the book includes a critical appraisal of the contribution of the Convention to the eradication of racial discrimination. It also reflects on whether there is scope for modification of the substance or procedures of the Convention in light of challenges arising from enhanced transnational population movements, the intersection between discrimination on the ground of race and discrimination against religious communities, and the intersection of racial and gender-based discrimination.

Author : Agnieszka Szpak
Publisher : Unknown
Page : 254 pages
File Size : 53,6 Mb
Release : 2012
Category : Genocide
ISBN : 8323128979

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Genocide in the Jurisprudence of the Ad Hoc International Criminal Tribunals by Agnieszka Szpak Pdf

Author : Joanna Nicholson
Publisher : BRILL
Page : 383 pages
File Size : 43,5 Mb
Release : 2018-05-03
Category : Law
ISBN : 9789004343771

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Strengthening the Validity of International Criminal Tribunals by Joanna Nicholson Pdf

Strengthening the Validity of International Criminal Tribunals provides multi-disciplinary perspectives concerning ways in which international criminal tribunals can be made more valid and effective in a time of uncertainty for the field of international criminal justice.

Author : Iryna Marchuk
Publisher : Springer Science & Business Media
Page : 304 pages
File Size : 44,5 Mb
Release : 2013-07-29
Category : Law
ISBN : 9783642282461

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The Fundamental Concept of Crime in International Criminal Law by Iryna Marchuk Pdf

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

Author : Kamari Maxine Clarke
Publisher : Duke University Press
Page : 212 pages
File Size : 50,8 Mb
Release : 2019-11-15
Category : History
ISBN : 9781478007388

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Affective Justice by Kamari Maxine Clarke Pdf

Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.

Author : National Research Council,Division of Behavioral and Social Sciences and Education,Committee on National Statistics,Panel on Methods for Assessing Discrimination
Publisher : National Academies Press
Page : 335 pages
File Size : 42,7 Mb
Release : 2004-07-24
Category : Social Science
ISBN : 9780309091268

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Measuring Racial Discrimination by National Research Council,Division of Behavioral and Social Sciences and Education,Committee on National Statistics,Panel on Methods for Assessing Discrimination Pdf

Many racial and ethnic groups in the United States, including blacks, Hispanics, Asians, American Indians, and others, have historically faced severe discriminationâ€"pervasive and open denial of civil, social, political, educational, and economic opportunities. Today, large differences among racial and ethnic groups continue to exist in employment, income and wealth, housing, education, criminal justice, health, and other areas. While many factors may contribute to such differences, their size and extent suggest that various forms of discriminatory treatment persist in U.S. society and serve to undercut the achievement of equal opportunity. Measuring Racial Discrimination considers the definition of race and racial discrimination, reviews the existing techniques used to measure racial discrimination, and identifies new tools and areas for future research. The book conducts a thorough evaluation of current methodologies for a wide range of circumstances in which racial discrimination may occur, and makes recommendations on how to better assess the presence and effects of discrimination.

Author : Kamari Maxine Clarke
Publisher : Cambridge University Press
Page : 353 pages
File Size : 43,7 Mb
Release : 2009-05-25
Category : Law
ISBN : 9780521889100

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Fictions of Justice by Kamari Maxine Clarke Pdf

This book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices.