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Author: Aleksandar Fatic Publisher: Routledge ISBN: 0429816340 Category : Social Science Languages : en Pages : 177
Book Description
First published in 2000, this volume is an examination of the issues of reconciliation after civil wars and the role international war crimes tribunals play in facilitating that reconciliation, apart from enforcing justice against perpetrators of war crimes. It argues that a war crime tribunal is partial and operates with no regard for the policy purpose of reconciliation, is likely to install all opposites of confidence and security in regions infested by civil warfare, and that their results will thus be counterproductive and will result in further loss of life and destruction.
Author: Aleksandar Fatic Publisher: Routledge ISBN: 0429816340 Category : Social Science Languages : en Pages : 177
Book Description
First published in 2000, this volume is an examination of the issues of reconciliation after civil wars and the role international war crimes tribunals play in facilitating that reconciliation, apart from enforcing justice against perpetrators of war crimes. It argues that a war crime tribunal is partial and operates with no regard for the policy purpose of reconciliation, is likely to install all opposites of confidence and security in regions infested by civil warfare, and that their results will thus be counterproductive and will result in further loss of life and destruction.
Author: Janine Natalya Clark Publisher: Routledge ISBN: 1317974751 Category : Law Languages : en Pages : 249
Book Description
Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY). Using detailed empirical data – in the form of qualitative interviews and observations from five years of fieldwork – to assess and analyze the ICTY’s impact on reconciliation in Bosnia-Hercegovina, Croatia and Kosovo, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the former Yugoslavia argues that reconciliation is not a realistic aim for a criminal court. They are, Janine Clark argues, only one part of a rich tapestry of justice, which must also include non-retributive transitional justice processes and mechanisms. Challenging many of the common yet untested assumptions about the benefits of criminal trials, this innovative and extremely timely monograph will be invaluable for those with interests in the theory and practice of transitional justice.
Author: William Schabas Publisher: Cameron May ISBN: 1905017634 Category : Capital punishment Languages : en Pages : 1158
Book Description
This is a collection of essays and articles on human rights law and international criminal law authored by William Schabas, one of the most prominent contemporary scholars and practitioners. Particular attention is given to such topics as the limitation and abolition of the death penalty, genocide and crimes against humanity, the establishment and operation of the International Criminal Court and the ad hoc international criminal tribunals, truth and reconciliation commissions, reservations to human rights treaties, and the implementation of international human rights norms in domestic law
Author: Martina Fischer Publisher: Routledge ISBN: 1317529553 Category : Law Languages : en Pages : 285
Book Description
Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.
Author: James Gow Publisher: Routledge ISBN: 1134610777 Category : Law Languages : en Pages : 264
Book Description
This volume examines the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), which was created under Chapter VII of the UN Charter as a mechanism explicitly aimed at the restoration and maintenance of international peace and security. As the ICTY has now entered its twentieth year, this volume reflects on the record and practices of the Tribunal. Since it was established, it has had enormous impact on the procedural, jurisprudential and institutional development of international criminal law, as well as the international criminal justice project. This will be its international legacy, but its legacy in the region where the crimes under its jurisdiction took place is less clear; research has shown that reactions to the ICTY have been mixed among the communities most affected by its work. Bringing together a range of key thinkers in the field, Prosecuting War Crimes explores these findings and discusses why many feel that the ICTY has failed to fully engage with people’s experiences and meet their expectations. This book will be of much interest to students of war crimes, international criminal law, Central and East European politics, human rights, and peace and conflict studies.
Author: Madoka Futamura Publisher: Routledge ISBN: 1134091311 Category : Law Languages : en Pages : 240
Book Description
Advocates of the ‘Nuremberg legacy’ emphasize the positive impact of the individualization of responsibility and the establishment of an historical record through judicial procedures for ‘war crimes’. This legacy has been cited in the context of the establishment and operation of the UN ad hoc International Criminal Tribunals in the 1990s, as well as for the International Criminal Court. The problem with this legacy, however, is that it is based solely on the experience of West Germany. Furthermore, the effect of the procedure on post-conflict society has not been empirically examined. This book does this by analyzing the Tokyo Trial, the other International Military Tribunal established after the Second World War, and its impact on post-war Japan. Madoka Futamura examines the short- and long-term impact of the International Military Tribunal for the Far East (the Tokyo Trial), on post-war Japan, in order to improve the understanding of and strategy for ongoing international war crimes tribunals. War Crimes Tribunals and Transitional Justice will be of much interest to students of war crimes, international law, transitional justice and international relations in general.
Author: Aleksandar Fatic
Author: Aleksandar Fatic
Author: Julija Bogoeva
Author: Janine Natalya Clark
Author: William Schabas
Author: Suren Pillay
Author: William H. Wiley
Author: Mirko Klarin
Author: Martina Fischer
Author: James Gow
Author: Madoka Futamura