prosecuting serious human rights violations

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Prosecuting Serious Human Rights Violations

Author : Anja Seibert-Fohr
ISBN : 9780199569328
Genre : History
File Size : 84. 61 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.

Prosecuting Serious Human Rights Violations

Author : Anja Seibert-Fohr
ISBN : 9780191610004
Genre : Law
File Size : 70. 81 MB
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Criminal punishment is increasingly seen as a necessary element of human rights protection. There is a growing conviction at the international level that those responsible for the most serious crimes should not go unpunished. Although there is a wealth of legal writing on international criminal law, an extensive analysis is still needed of the questions why and to what extent criminal prosecution is a necessary means of human rights protection at the domestic level. This book is the first to examine comprehensively the duty to prosecute serious human rights violations under the International Covenant on Civil and Political Rights, the American and European Conventions on Human Rights, and customary international law. It does so by exploring the phenomena of impunity and amnesties. These issues are particularly relevant for post-conflict situations in which it is often argued that criminal punishment threatens peace and reconciliation. The question of how to deal with post-conflict justice under international human rights law is therefore a continuing theme throughout the book. Apart from post-conflict justice the text also considers the relevance of criminal measures in times of peace by exposing flaws in the criminal legislation and in the conduct of criminal procedure. With its survey of the relevant human rights instruments and jurisprudence, Prosecuting Serious Human Rights Violations is placed at the interface of international criminal law and international human rights. The book analyses the rapidly growing body of human rights case law, dealing with criminalization, prosecution and punishment of serious human rights violations. It identifies and critically examines the standards for the conduct of criminal proceedings developed by the European and Inter-American Courts of Human Rights and the UN Human Rights Committee, providing a unique reference tool for scholars and practitioners working in this area of law. It also describes the standards for criminal law under the Conventions Against Genocide, Torture, and Enforced Disappearances. As the analysis of pertinent case law reveals shortcomings in the current conceptualization of the prosecution of human rights violations, the author develops a solid theoretical framework for future jurisprudence. By evaluating the relationship between criminal law and the protection of human rights, the book elucidates not only the potential but also the limits of the role human rights law can play in the emerging concept of international criminal justice.

Judicial Independence And Human Rights In Latin America

Author : E. Skaar
ISBN : 9780230117693
Genre : Social Science
File Size : 59. 59 MB
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This comparative analysis, focusing on Argentina, Chile, and Uruguay, explores the complex relationship between executive politics and judicial action, showing that judicial independence is a crucial factor in prosecution. It will engage Latin Americanists as well as all who are concerned with justice and human rights around the world.

The Justice Cascade How Human Rights Prosecutions Are Changing World Politics The Norton Series In World Politics

Author : Kathryn Sikkink
ISBN : 9780393079937
Genre : Law
File Size : 33. 17 MB
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Discusses the emergence of human rights prosecutions as a powerful political tool and the effect these trials have had on democracy, conflict and world politics from Latin America to Europe and Africa. 10,000 first printing.

Universal Jurisdiction In Modern International Law

Author : Mitsue Inazumi
ISBN : 9789050953665
Genre : Law
File Size : 42. 83 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? In explaining the modern jurisdictional regime, this study illuminates the historical phenomenon of the 'expansion' of jurisdiction in Chapter II, and conducts in-depth research particularly into universal jurisdiction in Chapter III and IV. This study explicates the notion of universal jurisdiction in history and in theory, categorizing its nature by two aspects (permissive or obligatory, and supplemental or primary), and underscores the differences between ordinary universal jurisdiction and universal jurisdiction in absentia. Having made an analysis on the legality of jurisdiction, this study has proceeded to examine the appropriateness of exercising jurisdiction. Noting the danger of conflicts of jurisdiction, Chapter V attempts to compile some guiding rules that can be utilised in determining the appropriateness of jurisdiction, thus answering the question of 'Which jurisdiction should be exercised?'. Chapter VI then applies these guiding rules to non-territorial jurisdiction, namely universal jurisdiction. The observations deduced from the application of the guiding rules demonstrates, together with the analysis of the legality of universal jurisdiction in Chapter IV, the role of universal jurisdiction within the modern jurisdictional regime.

Human Rights After Hitler

Author : Dan Plesch
ISBN : 9781626164338
Genre : Political Science
File Size : 67. 52 MB
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Human Rights after Hitler reveals thousands of forgotten US and Allied war crimes prosecutions against Hitler and other Axis war criminals based on a popular movement for justice that stretched from Poland to the Pacific. These cases provide a great foundation for twenty-first-century human rights and accompany the achievements of the Nuremberg trials and postwar conventions. They include indictments of perpetrators of the Holocaust made while the death camps were still operating, which confounds the conventional wisdom that there was no official Allied response to the Holocaust at the time. This history also brings long overdue credit to the United Nations War Crimes Commission (UNWCC), which operated during and after World War II. From the 1940s until a recent lobbying effort by Plesch and colleagues, the UNWCC’s files were kept out of public view in the UN archives under pressure from the US government. The book answers why the commission and its files were closed and reveals that the lost precedents set by these cases have enormous practical utility for prosecuting war crimes today. They cover US and Allied prosecutions of torture, including “water treatment,” wartime sexual assault, and crimes by foot soldiers who were “just following orders.” Plesch’s book will fascinate anyone with an interest in the history of the Second World War as well as provide ground-breaking revelations for historians and human rights practitioners alike.

Human Rights And Criminal Procedure

Author : Jeremy McBride
ISBN : 9287166897
Genre : Law
File Size : 75. 40 MB
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This handbook is intended to assist judges, lawyers and prosecutors to take account of the many requirements of the European Convention on Human Rights - both explicit and implicit - for the criminal process when interpreting and applying Codes of Criminal Procedure and comparable or related legislation. It does so through extracts from key rulings of the European Court of Human Rights and the former European Commission of Human Rights dealing with complaints about violations of Convention rights and freedoms in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process. The extracts are significant not only because the mere text of the Convention is insufficient to indicate the scope of what is entailed by it but also because the circumstances of the cases selected give a sense of how to apply the requirements in concrete situations.

The Reparative Effects Of Human Rights Trials

Author : Rosario Figari Layus
ISBN : 9781351627627
Genre : Law
File Size : 39. 95 MB
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Justice in domestic courts is one of the most prominent aims of victims seeking to obtain accountability for human rights violations. It is, however, also one of the most difficult to achieve. In many Latin American countries, as well as elsewhere, activists have put human rights prosecutions forward as a fundamental means to end impunity, build democracy, strengthen the rule of law and address victims’ rights. But there is still little knowledge about what actually happens when these judicial mechanisms are effectively put to work. Can prosecutions of mass human rights violations contribute to overcome the effects of state violence and impunity? Can trials enable meaningful reparative changes for victims in their local contexts? Analysing the human rights trials in Argentina established to prosecute those responsible for human rights violations during the military dictatorship, this book addresses how and why domestic prosecutions can operate as a means for reparation and contribute to dealing with the damage caused by crimes against humanity. Based on a series of interviews conducted with victims participating in these prosecutions, as well as with lawyers, prosecutors, judges and other relevant actors in five provinces of Argentina, this book will be of considerable interest to those studying and working in the interdisciplinary field of transitional justice and human rights. The PhD thesis on which this book was based was awarded with the 2016 Doctoral Studies Award of the Philipps University of Marburg in Germany.

Law As Last Resort

Author : Keith Hawkins
ISBN : 0199243891
Genre : Law
File Size : 84. 31 MB
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This is a book about the life of the legal system. Its concern is legal decision-making, its focus the handling of prosecution cases in a regulatory agency. In almost all legal disputing formalities are employed as a last resort for a small proportion of cases. Case attrition is a constant feature in the legal system, whether criminal or civil, since extensive pre-trial negotiations search for solutions to problems that avoid the costs, risks, and delays of trial. This book analyzes the attrition of cases by studying decisions made about their creation, handling, disposal, and prosecution. Exploring these issues asks questions about the public face of law, the meaning of formal processes, and their impact on pre-trial legal manoeuvring. To prosecute is to enforce the law in both a public and a consequential way. In enforcing regulation prosecution visibly takes sides in the fundamental dilemma of regulatory control about how far law should justifiably intervene in business. Using extensive data collected over a fifteen-year period, and with privileged access to the UK Health and Safety Executive, the book presents a multi-level analysis of decisions about prosecution policy and individual cases in a variety of inspectorates.

International Prosecution Of Human Rights Crimes

Author : Wolfgang Kaleck
ISBN : 9783540462781
Genre : Law
File Size : 53. 1 MB
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The book explores recent developments in the international and national prosecution of persons accused of committing war crimes and crimes against humanity. It considers the relationship between national and international law, science and practice, with emphasis on the emerging principle of universial jurisdiction and the effect of "the war on terror" on legal norms.

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