the un international criminal tribunals transition without justice

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The Un International Criminal Tribunals

Author : Klaus Bachmann
ISBN : 9781317631361
Genre : Political Science
File Size : 59. 53 MB
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Both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are now about to close. Bachmann and Fatic look back at the achievements and shortcomings of both tribunals from an interdisciplinary perspective informed by sociology, political science, history, and philosophy of law and based upon on two key notions: the concepts of legitimacy and efficiency. The first asks to what extent the input (creation) of, the ICTY and the ICTR can be regarded as legitimate in light of the legal and public debate in the early 1990s. The second confronts the output (the procedures and decisions) of the ICTY and the ICTR with the tasks both tribunals were assigned by the UN Security Council, the General Assembly, and by key organs (the president and the chief prosecutors). The authors investigate to what extent the ICTY and the ICTR have delivered the expected results, whether they have been able to contribute to 'the maintenance of peace', 'stabilization' of the conflict regions, or even managed to provide 'reconciliation' to Rwanda. Furthermore, the book is concerned with how many criminals, over whom the ICTY and the ICTR wield jurisdiction, have actually been prosecuted and at what cost. Offering the first balanced and in depth analysis of the International Criminal Tribunals, the volume provides an important insight into what lessons have been learned, and how a deeper understanding of the successes and failures can benefit the international legal community in the future.

International Criminal Tribunal For Rwanda Ictr Special Bibliography 2015

Author : International Criminal Tribunal for Rwanda
ISBN : 9789213619360
Genre : Political Science
File Size : 31. 74 MB
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This fourth bibliography is compiled by the library in order to facilitate researcher’s access to the increasing volume of published documents on the work of the tribunal. The product is the unique tool that assists people to know the areas which have been covered by the researchers. The bibliography includes references from books, journals and periodicals, theses, comments and notes on judicial cases as well.

The Performance Of International Courts And Tribunals

Author : Theresa Squatrito
ISBN : 9781108626132
Genre : Law
File Size : 78. 25 MB
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International courts and tribunals now operate globally and in several world regions, playing significant roles in international law and global governance. However, these courts vary significantly in terms of their practices, procedures, and the outcomes they produce. Why do some international courts perform better than others? Which factors affect the outcome of these courts and tribunals? The Performance of International Courts and Tribunals is an interdisciplinary study featuring approaches, methods and authorship from law and political science, which proposes the concept of performance to describe the processes and outcomes of international courts. It develops a framework for evaluating and explaining performance by offering a broad comparative analysis of international courts, covering several world regions and the areas of trade, investment, the environment, human rights and criminal law, and offers interdisciplinary accounts to explain how and why international court performance varies.

For Humanity

Author : Richard Goldstone
ISBN : 9780300132083
Genre : History
File Size : 76. 17 MB
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Throughout his career, the distinguished South African jurist Richard J. Goldstone has been deeply committed to promoting human rights in his own country and abroad. A justice of the Constitutional Court of South Africa since 1994, he has also served as chairperson of the Commission of Inquiry Regarding the Prevention of Public Violence and Intimidation in South Africa and chief prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda. In this engrossing and inspiring book, Justice Goldstone provides an intimate account of his progression from a young activist opposing South Africa's racial policies to the world's first independent war crimes prosecutor. Justice Goldstone begins by describing how he became involved in the transition of South Africa from an apartheid state to a democracy and why he was chosen in late 1992 to head the commission that investigated criminal conduct that accompanied that transition. He then considers his time as chief prosecutor for the United Nations Tribunals, speaking not only of the fundamental legal issues that have arisen but also of his personal experiences and feelings. Arguing in favor of the move toward establishing a permanent international criminal court, he offers a stirring defense of the role of international tribunals in holding human rights violators accountable.

Transitional Justice In Rwanda

Author : Gerald Gahima
ISBN : 9780415522786
Genre : Law
File Size : 24. 75 MB
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Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.

International Criminal Justice

Author : Gideon Boas
ISBN : 9781785360633
Genre :
File Size : 84. 3 MB
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This book explores crucial themes in international criminal justice. It starts by answering the searching question: what is international criminal justice? The book then considers the role and impact of politics, history, psychology, terrorism, transitioning society, and even the idea of hope, and the relationship of these themes with how we understand international criminal justice. While addressing some crucial legal questions, International Criminal Justice goes further, drawing on a range of multi-disciplinary thinking.

Building The International Criminal Court

Author : Benjamin N. Schiff
ISBN : 9781139470193
Genre : Political Science
File Size : 81. 21 MB
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The International Criminal Court (ICC) is the first and only standing international court capable of prosecuting humanity's worst crimes: genocide, war crimes, and crimes against humanity. It faces huge obstacles. It has no police force; it pursues investigations in areas of tremendous turmoil, conflict, and death; it is charged both with trying suspects and with aiding their victims; and it seeks to combine divergent legal traditions in an entirely new international legal mechanism. International law advocates sought to establish a standing international criminal court for more than 150 years. Other, temporary, single-purpose criminal tribunals, truth commissions, and special courts have come and gone, but the ICC is the only permanent inheritor of the Nuremberg legacy. In Building the International Criminal Court, Oberlin College Professor of Politics Ben Schiff analyzes the International Criminal Court, melding historical perspective, international relations theories, and observers' insights to explain the Court's origins, creation, innovations, dynamics, and operational challenges.

Courting Democracy In Bosnia And Herzegovina

Author : Lara J. Nettelfield
ISBN : 9780521763806
Genre : History
File Size : 31. 7 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)

Transition

Author :
ISBN : UOM:39015072461471
Genre : Europe, Eastern
File Size : 25. 25 MB
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Environmental Protection And Transitions From Conflict To Peace

Author : Carsten Stahn
ISBN : 9780191087585
Genre : Law
File Size : 40. 11 MB
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This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Environmental protection is fundamental for the establishment of sustainable peace. Applying traditional legal approaches to protection raises particular challenges during the transition from conflict to peace. In the jus post bellum context, protection of the environment and natural resources needs to be considered in tandem with a broad range of simultaneously applicable normative frameworks, such as human rights, transitional justice, arms control/disarmament, UN law and practice, development, and domestic law. While certain multilateral environment agreements, such as the Convention Concerning the Protection of the World Cultural and Natural Heritage protect the environment; international humanitarian law and international criminal law continue to treat environmental protection largely from an anthropocentric perspective. This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. Addressing these challenges, it brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key normative frameworks. It draws on experiences and practices in post-conflict settings to specify substantive principles and techniques to remedy and prevent harm.

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