international justice in rwanda and the balkans virtual trials and the struggle for state cooperation

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International Justice In Rwanda And The Balkans

Author : Victor Peskin
ISBN : 9781139468176
Genre : Political Science
File Size : 28. 23 MB
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Today's international war crimes tribunals lack police powers, and therefore must prod and persuade defiant states to co-operate in the arrest and prosecution of their own political and military leaders. Victor Peskin's comparative study traces the development of the capacity to build the political authority necessary to exact compliance from states implicated in war crimes and genocide in the cases of the International War Crimes Tribunals for the former Yugoslavia and Rwanda. Drawing on 300 in-depth interviews with tribunal officials, Balkan and Rwandan politicians, and Western diplomats, Peskin uncovers the politicized, protracted, and largely behind-the-scenes tribunal-state struggle over co-operation.

The Realities Of International Criminal Justice

Author : Dawn L. Rothe
ISBN : 9789004251113
Genre : Law
File Size : 31. 28 MB
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The Realities of the International Criminal Justice System takes an analytical and critical look at the impact of the major instruments of international criminal justice since the 1990s with the advent of the International Criminal Tribunals for Rwanda and Yugoslavia.

Courting Democracy In Bosnia And Herzegovina

Author : Lara J. Nettelfield
ISBN : 9780521763806
Genre : History
File Size : 27. 84 MB
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"This book is essential reading for anyone interested in war crimes tribunals and their place in transitional justice. Nettelfield's wide and thorough research in the literature and on the ground in Bosnia and Herzegovina make this work stand out in a field already heavily populated. It represents a well-balanced and realistic assessment of the record of the International Criminal Tribunal for the former Yugoslavia."- Richard Goldstone, former chief prosecutor for the United Nations International Criminal Tribunals for Yugoslavia and Rwanda "Elegantly written and drawing on years of meticulous empirical research, Courting Democracy in Bosnia and Herzegovina is a major contribution to theoretical and policy debates on the role of international justice institutions. Nettelfield robustly challenges conventional critical assessments of the International Criminal Tribunal for the former Yugoslavia (ICTY) and in so doing, changes forever the terms of the discussion about the impact of the ICTY in Bosnia-Herzegovina. Should be required reading in courses on human rights, international criminal law and political transitions in post-conflict settings."- Richard A. Wilson, Gladstein Chair of Human Rights, Director of the Human Rights Institute, and Professor of Anthropology at the University of Connecticut "This work is elegant in its rigor, lively in its tone, and uplifting in its spirit. Nettelfield gracefully moves us beyond turgidly contemptuous or blindly enthusiastic assessments of the relevance of international criminal law. She charts the field's role in post-conflict transition - a modest role, to be sure, and certainly a nuanced one, but also one that fosters democratic development. The book is a must-read for anyone concerned with Bosnia, transitional justice, and the role of law, in life. A tour de force!"- Mark A. Drumbl, Class of 1975 Alumni Professor and Director, Transnational Law Institute Washington and Lee University School of Law "Friends of international justice will welcome this balanced, methodologically rigorous assessment of popular responses to the ICTY in the Western Balkans. With its nuanced presentation of the Tribunal's impact, this work amply identifies missteps and pitfalls while providing gracious encouragement to proponents of international jurisprudence."- Robert Donia, Visiting Professor of History, University of Michigan "Lara Nettelfield has masterfully documented and analyzed the true impact of the International Criminal Tribunal for the former Yugoslavia on Bosnian society since 1993. She challenges conventional wisdom by demonstrating the Tribunal's modest but largely positive contribution to the democratic development of Bosnia and Herzegovina, including the introduction of new social movements for accountability. This book slays a few dragons and introduces refreshing clarity to a very challenging subject." - Professor David Scheffer, Northwestern University School of Law, and former U.S. Ambassador for War Crimes Issues (1997-2001)

Sovereignty And Justice

Author : Mark S. Ellis
ISBN : 9781443859653
Genre : Law
File Size : 41. 52 MB
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The drafters of the ICC’s founding document, the Rome Statute, foresaw what would become the main challenge to the Court’s legitimacy: that it could violate national sovereignty. To address this concern, the drafters added the principle of complementarity to the ICC’s jurisdiction, in that the Court’s province merely complements the exercise of jurisdiction by the domestic courts of the Statute’s member states. The ICC honours the authority of those states to conduct their own trials. However, if the principle of complementarity is to be applied, states must ensure that their own judicial systems and trials are consistent with international standards of independence and fairness. In addition, for complementarity to work, the ICC must be willing to actively support, embrace, and implement the principle. If the Court holds on too tightly to a self-aggrandising view of its role in promoting international justice, then it will lose all credibility in the eyes of nation states. Finally, the international community, in calling on states to address war crimes committed within their borders, must provide the financial, technical, and professional resources that many struggling states need in this endeavour. This book sets forth several innovative recommendations to fulfil these goals so as to make future domestic war crimes courts work more effectively.

The International Criminal Court In An Effective Global Justice System

Author : Linda E. Carter
ISBN : 9781784719821
Genre :
File Size : 38. 98 MB
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International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.

International Prosecutors

Author : Luc Reydams
ISBN : 9780199554294
Genre : History
File Size : 69. 47 MB
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The prosecution plays a crucial part in any international war crimes trial, but its role is rarely analysed. This book will assess the work of the prosecutor in a dozen international criminal courts and tribunals, setting out the applicable rules and analysing his or her independence, accountability, and political impact.

Hiding In Plain Sight

Author : Eric Stover
ISBN : 9780520962767
Genre : Social Science
File Size : 68. 35 MB
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Hiding in Plain Sight tells the story of the global effort to apprehend the world’s most wanted fugitives. Beginning with the flight of tens of thousands of Nazi war criminals and their collaborators after World War II, then moving on to the question of justice following the recent Balkan wars and the Rwandan genocide, and ending with the establishment of the International Criminal Court and America’s pursuit of suspected terrorists in the aftermath of 9/11, the book explores the range of diplomatic and military strategies—both successful and unsuccessful—that states and international courts have adopted to pursue and capture war crimes suspects. It is a story fraught with broken promises, backroom politics, ethical dilemmas, and daring escapades—all in the name of international justice and human rights. Hiding in Plain Sight is a companion book to the public television documentary Dead Reckoning: Postwar Justice from World War II to The War on Terror. For more information about the documentary, visit www.saybrookproductions.com. For information about the Human Rights Center, visit hrc.berkeley.edu.

The Politics Of Official Apologies

Author : Melissa Nobles
ISBN : 9781139468183
Genre : Political Science
File Size : 84. 9 MB
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Intense interest in past injustice lies at the centre of contemporary world politics. Most scholarly and public attention has focused on truth commissions, trials, lustration, and other related decisions, following political transitions. This book examines the political uses of official apologies in Australia, Canada, New Zealand, and the United States. It explores why minority groups demand such apologies and why governments do or do not offer them. Nobles argues that apologies can help to alter the terms and meanings of national membership. Minority groups demand apologies in order to focus attention on historical injustices. Similarly, state actors support apologies for ideological and moral reasons, driven by their support of group rights, responsiveness to group demands, and belief that acknowledgment is due. Apologies, as employed by political actors, play an important, if underappreciated, role in bringing certain views about history and moral obligation to bear in public life.

The Hidden Hands Of Justice

Author : Heidi Nichols Haddad
ISBN : 1108470920
Genre : Political Science
File Size : 40. 84 MB
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The Hidden Hands of Justice: NGOs, Human Rights, and International Courts is the first comprehensive analysis of non-governmental organization (NGO) participation at international criminal and human rights courts. Drawing on original data, Heidi Nichols Haddad maps and explains the differences in NGO participatory roles, frequency, and impact at three judicial institutions: the European Court of Human Rights, the Inter-American Human Rights System, and the International Criminal Court. The Hidden Hands of Justice demonstrates that courts can strategically choose to enhance their functionality by allowing NGOs to provide needed information, expertise, and services as well as shame states for non-cooperation. Through participation, NGOs can profoundly shape the character of international human rights justice, but in doing so, may consolidate civil society representation and relinquish their roles as external monitors.

Eu Conditionality In The Western Balkans

Author : Florian Bieber
ISBN : UCBK:C110154386
Genre : Political Science
File Size : 67. 79 MB
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This volume examines how European institutions, the European Union in particular through its policy of conditionality, have shaped the post-conflict reconstruction of the Western Balkans. From state-building to democratization and environmental policies, this book explores whether and in what ways the EU has been successful in consolidating states and democracy in the Balkans. In addition to requiring countries to be ready to join the European Union, the EU has also set new conditions in an effort to become the prime international organization involved in stabilizing the Western Balkans after the wars of the 1990s. Its record has been mixed: the conditions of the EU have often been haphazard and were frequently not followed through. In addition, enlargement towards the Western Balkans has been slow and marred by open questions over the stability of some countries in the region. This volume assesses the EU's struggle to transform the societies through conditionality and whether the offer of EU membership is enough to build stable democracies. This book was published as a special issue of Europe-Asia Studies.

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