The Reparation System Of The International Criminal Court
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The Reparation System of the International Criminal Court by Eva Dwertmann Pdf
Dedicated to one of the great innovations in the proceedings before the International Criminal Court, this book offers a comprehensive analysis of the Court’s power to order a convicted person to make reparations to victims, possibilities for its implementation and its potential to bring justice to victims.
The Reparation System of the International Criminal Court by Eva Dwertmann Pdf
When the Rome Statute for the International Criminal Court was adopted in 1998, one of its great innovations was that victims were granted an active role in the proceedings. In its early jurisprudence on victims rights, the International Criminal Court stated that the success of the Court is, to some extent, linked to the success of its reparation system. This book is among the first to focus on the International Criminal Court s power to order reparations to victims. It provides a comprehensive analysis of the legal framework of the reparation system, taking into account relevant Court decisions. Possibilities for its implementation are drawn up, providing potential solutions for its multiple challenges, including the distinct asymmetry between the individualized responsibility to provide reparations and the collective nature of the crimes and its consequences. With its practical approach, this book is particularly valuable for practitioners, but also for students and researchers.
Victims Before the International Criminal Court by Christoph Safferling,Gurgen Petrossian Pdf
The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.
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.
Contemporary Issues Facing the International Criminal Court by Richard H. Steinberg Pdf
Contemporary Issues Facing the International Criminal Court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. Topics include: • Jurisdiction: The 2008-2009 Gaza Issue • The Obligation to Arrest in the Darfur Context • Appropriate Limitations on Oversight • The ICC and Prevention of Crimes • Reparations • Proving Mass Rape • Focus on Africa: Is the ICC Biased? • Increasing Rates of Apprehension and Arrest Richard H. Steinberg is Professor of Law and Political Science at the University of California (Los Angeles), and Editor-in-Chief of www.ICCforum.com, a collaboration with the Office of the Prosecutor of the International Criminal Court. Fatou B. Bensouda, who wrote the foreword, is Prosecutor of the International Criminal Court.
The Politics of International Criminal Law by Holly Cullen,Philipp Kastner,Sean Richmond Pdf
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
Intersections of Law and Culture at the International Criminal Court by Julie Fraser,Brianne McGonigle Leyh Pdf
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
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.
Victims of International Crimes: An Interdisciplinary Discourse by Thorsten Bonacker,Christoph Safferling Pdf
In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.
Realizing Reparative Justice for International Crimes by Miriam Cohen Pdf
This book provides a timely and systematic study of reparations in international criminal justice, going beyond a theoretical analysis of the system established at the International Criminal Court (ICC). It originally engages with recent decisions and filings at the ICC relating to reparation and how the criminal and reparative dimensions of international criminal justice can be reconciled. This book is equally innovative in its extensive treatment of the significant challenges of adjudicating on reparations, and proposing recommendations based on concrete experiences. With recent and imminent decisions from the ICC, and developments in national courts and beyond, Miriam Cohen provides a critical analysis of the theory and emerging jurisprudence of reparations for international crimes, their impact on victims and stakeholders.
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.
Reparation for Victims of Crimes against Humanity by Jo-Anne 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 : T. Markus Funk Publisher : Oxford University Press, USA Page : 594 pages File Size : 43,7 Mb Release : 2015 Category : Law ISBN : 9780199941469
Victims' Rights and Advocacy at the International Criminal Court by T. Markus Funk Pdf
North American law has been transformed in ways unimaginable before 9/11. Laws now authorise and courts have condoned indefinite detention without charge on secret evidence, mass secret surveillance, and targeted killing of U.S. citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality. This book demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion in a specific belief that 9/11 was the harbinger of a new order of terror.
