prosecuting serious human rights violations

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Prosecuting Serious Human Rights Violations

Author : Anja Seibert-Fohr
ISBN : 9780199569328
Genre : History
File Size : 44. 75 MB
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Is there a duty to prosecute serious human rights violations? This book examines this issue, drawing on international human rights instruments and case law. It finds flaws in the current prosecution of these crimes and develops proposals for improvement. Featuring in-depth analysis of trials, amnesties and impunity, it is a unique reference work.

Universal Jurisdiction In Modern International Law

Author : Mitsue Inazumi
ISBN : 9789050953665
Genre : Law
File Size : 24. 2 MB
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This study is based on the following questions: Which jurisdiction can and should be exercised for the prosecution of individuals responsible for gross and serious violations of human rights? And especially, in this regard, what is the role of universal jurisdiction?

The Rights Of Victims In Criminal Justice Proceedings For Serious Human Rights Violations

Author : Juan Carlos Ochoa S.
ISBN : 9789004212169
Genre : Law
File Size : 63. 83 MB
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In The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations, Juan Carlos Ochoa offers a systematic analysis of international and comparative domestic law on the position of the victim in the prosecution of these infringements, points to the deficiencies of the current state of customary international law, and proposes specific reforms.

Prosecuting Human Rights Offences

Author : Kresimir Kamber
ISBN : 9789004337763
Genre : Law
File Size : 86. 12 MB
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In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores the features of the procedural obligation to investigate, prosecute and punish human rights offences, and explains how they determine the contemporary understanding of function of criminal prosecution.

Prosecuting Heads Of State

Author : Ellen L. Lutz
ISBN : 9780521491099
Genre : Law
File Size : 45. 81 MB
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The meteoric rise in criminal prosecutions of former heads of state is examined for the first time in this probing and engaging narrative.

The Role Of Courts In Transitional Justice

Author : Jessica Almqvist
ISBN : 9781136579264
Genre : Law
File Size : 32. 67 MB
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Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.

Uniform Impunity

Author : Human Rights Watch (Organization)
ISBN : 9781564324702
Genre : Civil-military relations
File Size : 77. 61 MB
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It tolerates the military investigating itself through a system that lacks basic safeguards to ensure independence and impartiality. This report describes 17 cases involving egregious crimes by soldiers against more than 70 victims, including several cases from 2007 and 2008. None of the military investigations of army abuses analyzed here has led to a criminal conviction of even a single soldier for human rights violations. A civilian investigation was conducted in one of the cases and led to the conviction of four soldiers. The military invokes the Code of Military Justice and a strained constitutional interpretation to justify exerting jurisdiction over the cases. Civilian prosecutors have typically accepted the military's jurisdiction grab. But this outcome is not prescribed by Mexico's Constitution and is inconsistent with a recent binding Supreme Court decision.

Prosecution Of Politicide In Ethiopia

Author : Marshet Tadesse Tessema
ISBN : 9789462652552
Genre : Law
File Size : 81. 7 MB
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This book investigates the road map or the transitional justice mechanisms that theEthiopian government chose to confront the gross human rights violations perpetratedunder the 17 years’ rule of the Derg, the dictatorial regime that controlled state powerfrom 1974 to 1991. Furthermore, the author extensively examines the prosecution ofpoliticide or genocide against political groups in Ethiopia. Dealing with the violent conflict, massacres, repressions and other mass atrocities ofthe past is necessary, not for its own sake, but to clear the way for a new beginning.In other words, ignoring gross human rights violations and attempting to close thechapter on an oppressive dictatorial past by choosing to let bygones be bygones, is nolonger a viable option when starting on the road to a democratic future. For unaddressedatrocities and a sense of injustice would not only continue to haunt a nation butcould also ignite similar conflicts in the future. So the question is what choices are available to the newly installed government whenconfronting the evils of the past. There are a wide array of transitional mechanismsto choose from, but there is no “one size fits all” mechanism. Of all the transitionaljustice mechanisms, namely truth commissions, lustration, amnesty, prosecution,and reparation, the Ethiopian government chose prosecution as the main means fordealing with the horrendous crimes committed by the Derg regime. One of the formidable challenges for transitioning states in dealing with the crimes offormer regimes is an inadequate legal framework by which to criminalize and punish/divegregious human rights violations. With the aim of examining whether or not Ethiopiahas confronted this challenge, the book assesses Ethiopia’s legal framework regardingboth crimes under international law and individual criminal responsibility. This book will be of great relevance to academics and practitioners in the areas ofgenocide studies, international criminal law and transitional justice. Students in thefields of international criminal law, transitional justice and human rights will alsofind relevant information on the national prosecution of politicide in particular andthe question of confronting the past in general. Marshet Tadesse Tessema is Assistant Professor of the Law School, College of Law andGovernance at Jimma University in Ethiopia, and Postdoctoral Fellow of the SouthAfrican-German Centre, University of the Western Cape in South Africa./div

Rwanda S Gacaca Courts

Author : Paul Christoph Bornkamm
ISBN : 9780199694471
Genre : History
File Size : 24. 20 MB
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Originally presented as the author's thesis (doctoral)--Humboldt University of Berlin, 2009.

Justice In Transition Prosecution And Amnesty In Germany And South Africa

Author : Gerhard Werle
ISBN : 9783830511540
Genre : Amnesty
File Size : 60. 38 MB
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"The project on 'Criminal Justice and the East German Past' held an international symposium ... from 6 to 9 April 2005 at the Humboldt University in Berlin"--Page v.

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