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Madame Prosecutor

Madame Prosecutor PDF Author: Carla Del Ponte
Publisher: Other Press, LLC
ISBN: 1590515374
Category : Biography & Autobiography
Languages : en
Pages : 510

Book Description
Carla Del Ponte won international recognition as Switzerland's attorney general when she pursued cases against the Sicilian mafia. In 1999, she answered the United Nations' call to become the chief prosecutor of the International Criminal Tribunal for the former Yugoslavia and for Rwanda. In her new role, Del Ponte confronted genocide and crimes against humanity head-on, struggling to bring to justice the highest-ranking individuals responsible for massive acts of violence in Rwanda, Bosnia and Herzegovina, Croatia, and Kosovo. These tribunals have been unprecedented. They operate along the edge of the divide between national sovereignty and international responsibility, in the gray zone between the judicial and the political, a largely unexplored realm for prosecutors and judges. It is a realm whose native inhabitants–political leaders and diplomats, soldiers and spies–assume that they can commit the big crime without being held culpable. It is a realm crisscrossed by what Del Ponte calls the muro di gomma –"the wall of rubber"– a metaphor referring to the tactics government officials use to hide their unwillingness to confront the culture of impunity that has allowed persons responsible for acts of unspeakable, wholesale violence to escape accountability. Madame Prosecutor is Del Ponte's courageous and startling memoir of her eight years spent striving to serve justice.

Madame Prosecutor

Madame Prosecutor PDF Author: Carla Del Ponte
Publisher: Other Press, LLC
ISBN: 1590515374
Category : Biography & Autobiography
Languages : en
Pages : 510

Book Description
Carla Del Ponte won international recognition as Switzerland's attorney general when she pursued cases against the Sicilian mafia. In 1999, she answered the United Nations' call to become the chief prosecutor of the International Criminal Tribunal for the former Yugoslavia and for Rwanda. In her new role, Del Ponte confronted genocide and crimes against humanity head-on, struggling to bring to justice the highest-ranking individuals responsible for massive acts of violence in Rwanda, Bosnia and Herzegovina, Croatia, and Kosovo. These tribunals have been unprecedented. They operate along the edge of the divide between national sovereignty and international responsibility, in the gray zone between the judicial and the political, a largely unexplored realm for prosecutors and judges. It is a realm whose native inhabitants–political leaders and diplomats, soldiers and spies–assume that they can commit the big crime without being held culpable. It is a realm crisscrossed by what Del Ponte calls the muro di gomma –"the wall of rubber"– a metaphor referring to the tactics government officials use to hide their unwillingness to confront the culture of impunity that has allowed persons responsible for acts of unspeakable, wholesale violence to escape accountability. Madame Prosecutor is Del Ponte's courageous and startling memoir of her eight years spent striving to serve justice.

Trials and Tribulations of International Prosecution

Trials and Tribulations of International Prosecution PDF Author: Henry F. Carey
Publisher: Lexington Books
ISBN: 0739169416
Category : Law
Languages : en
Pages : 361

Book Description
There have been many political dilemmas that impose structural constraints on the effort to legalize, judicialize, and criminalize normatively deviant behavior in international politics. The annual costs of these tribunals has peaked at approximately $400 million, of which $140 million is allocated to the ICC, the latter now having spent $1 billion in its first decade of existence. What has been the track record of these international criminal courts with jurisdiction to try heads of states and leading official and military officers? Has the domestic political will of states increased to prosecute their own leaders, following the ICC’s complimentary jurisdiction? How have powerful states supported these courts and how have they undermined them? In succeeding in punishing a number of high-profile cases, the tribunals arguably constitute what Habermas called communicative action that expresses the aspirations and nascent norms of international society. Beyond the confines of a specific of international cooperation, these courts are increasingly becoming norm entrepreneurs, defining the norms of coexistence among states, such that internal atrocities are seen not only as international crimes, but threats to the stability and order of international society. These courts are also redefining the attributes of what states must practice to preserve their reputations, a breach of which will prove increasingly costly. The tribunals are increasingly incentivizing and mobilizing informational networks from NGOs, IGOs, and states to document and publicize violations of international criminal law, thereby increasing exposure risks of perpetration. To be sure the patchwork of compliance and norm communication is fraught with double standards, hypocrisy, selective enforcement, and neoimperial delegitimation of the subaltern. Still, what has begun as institutions created in the absence of humanitarian action by the powerful may come to constitute normal state attributes similar to sovereignty, whose violation will be seen as not only illegitimate, but also meriting humanitarian action to correct and punish such behavior. The question remains whether ongoing impunity of both the powerful and the powerless will undermine or limit this potential.

The Evolving Role of the Public Prosecutor

The Evolving Role of the Public Prosecutor PDF Author: Victoria Colvin
Publisher: Routledge
ISBN: 0429884958
Category : Social Science
Languages : en
Pages : 296

Book Description
The modern public prosecutor is a figure both powerful and enigmatic. Legal scholars and criminologists often identify “three essential components” of criminal justice systems: police, courts and corrections. Yet increasingly, the public prosecutor occupies a distinct role independent from any of these branches. Acting outside of the court, and therefore largely out of the public eye, the prosecutor’s control over whether and what charges proceed to court can limit judicial discretion on sentencing, open pathways to alternative measures and even deny entry into the criminal justice system entirely. In this sense the prosecutor serves as a true “gatekeeper” to the criminal process. This book addresses key aspects of the evolving role of domestic and international prosecutors in common law and civil law systems in the twenty-first century, and the challenges posed by this evolution. This collection of chapters from respected scholars takes an international, comparative approach and explores how these different legal systems have borrowed theorisations and articulations of the prosecutorial role from each other in adapting the office to changing conditions and expectations. The volume is structured around four main themes relating to the role of the modern prosecutor: the nature of the prosecutor’s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicisation and accountability of prosecutors. This book is essential for scholars and students in criminal justice, pre-law/legal studies, criminology, justice studies and political science, and is useful as a resource for those interested in legal change around the world.

International Prosecutors

International Prosecutors PDF Author: Luc Reydams
Publisher: Oxford University Press
ISBN: 019163722X
Category : Law
Languages : en
Pages : 1032

Book Description
This volume examines the prosecution as an institution and a function in a dozen international and hybrid criminal tribunals, from Nuremberg to the International Criminal Court. It is the result of a sustained collaborative effort among some twenty scholars and (former) tribunal staffers. The starting point is that the prosecution shapes a tribunal's practice and legacy more than any other organ and that a systematic examination of international prosecutors is therefore warranted. The chapters are organized chronologically, according to the successive phases of the life of the institution and the various stages of the trials. The analysis includes each institution's establishment, mandate and jurisdiction, as well as the prosecutorial framework and strategy, the prosecutor's external relations and the completion of the institution's work. The book also considers the prosecutors' independence and impartiality, and their accountability for their decisions. The volume thus provides a comprehensive picture of the mandate, organization, and operation of the prosecution in international criminal trials. As the first comprehensive study of an international legal actor whose decisions have widespread political repercussions, this book will be essential reading for all with an interest in international criminal justice.

All the Missing Souls

All the Missing Souls PDF Author: David Scheffer
Publisher: Princeton University Press
ISBN: 0691157847
Category : Biography & Autobiography
Languages : en
Pages : 564

Book Description
This title is Scheffer's account of the international gamble to prosecute those responsible for genocide, war crimes, and crimes against humanity, and to redress some of the bloodiest human rights atrocities in our time.

Madame Bovary

Madame Bovary PDF Author: Gustave Flaubert
Publisher: Bantam Classics
ISBN: 0553213415
Category : Fiction
Languages : en
Pages : 514

Book Description
This exquisite novel tells the story of one of the most compelling heroines in modern literature--Emma Bovary. "Madame Bovary has a perfection that not only stamps it, but that makes it stand almost alone; it holds itself with such a supreme unapproachable assurance as both excites and defies judgement." - Henry James Unhappily married to a devoted, clumsy provincial doctor, Emma revolts against the ordinariness of her life by pursuing voluptuous dreams of ecstasy and love. But her sensuous and sentimental desires lead her only to suffering corruption and downfall. A brilliant psychological portrait, Madame Bovary searingly depicts the human mind in search of transcendence. Who is Madame Bovary? Flaubert's answer to this question was superb: "Madame Bovary, c'est moi." Acclaimed as a masterpiece upon its publication in 1857, the work catapulted Flaubert to the ranks of the world's greatest novelists. This volume, with its fine translation by Lowell Bair, a perceptive introduction by Leo Bersani, and a complete supplement of essays and critical comments, is the indispensable Madame Bovary.

Balkan Genocides

Balkan Genocides PDF Author: Paul Mojzes
Publisher: Rowman & Littlefield Publishers
ISBN: 1442206659
Category : History
Languages : en
Pages : 318

Book Description
During the twentieth century, the Balkan Peninsula was affected by three major waves of genocides and ethnic cleansings, some of which are still being denied today. In Balkan Genocides Paul Mojzes provides a balanced and detailed account of these events, placing them in their proper historical context and debunking the common misrepresentations and misunderstandings of the genocides themselves. A native of Yugoslavia, Mojzes offers new insights into the Balkan genocides, including a look at the unique role of ethnoreligiosity in these horrific events and a characterization of the first and second Balkan wars as mutual genocides. Mojzes also looks to the region's future, discussing the ongoing trials at the International Criminal Tribunal in Yugoslavia and the prospects for dealing with the lingering issues between Balkan nations and different religions. Balkan Genocides attempts to end the vicious cycle of revenge which has fueled such horrors in the past century by analyzing the terrible events and how they came to pass.

They Wished They Were Honest

They Wished They Were Honest PDF Author: Michael F. Armstrong
Publisher: Columbia University Press
ISBN: 0231526989
Category : Law
Languages : en
Pages : 432

Book Description
In fifty years of prosecuting and defending criminal cases in New York City and elsewhere,Michael F. Armstrong has often dealt with cops. For a single two-year span, as chief counsel to the Knapp Commission, he was charged with investigating them. Based on Armstrong's vivid recollections of this watershed moment in law enforcement accountability—prompted by the New York Times's report on whistleblower cop Frank Serpico—They Wished They Were Honest recreates the dramatic struggles and significance of the Commission and explores the factors that led to its success and the restoration of the NYPD's public image. Serpico's charges against the NYPD encouraged Mayor John Lindsay to appoint prominent attorney Whitman Knapp to chair a Citizen's Commission on police graft. Overcoming a number of organizational, budgetary, and political hurdles, Chief Counsel Armstrong cobbled together an investigative group of a half-dozen lawyers and a dozen agents. Just when funding was about to run out, the "blue wall of silence" collapsed. A flamboyant "Madame," a corrupt lawyer, and a weasely informant led to a "super thief" cop, who was trapped and "turned" by the Commission. This led to sensational and revelatory hearings, which publicly refuted the notion that departmental corruption was limited to only a "few rotten apples." In the course of his narrative, Armstrong illuminates police investigative strategy; governmental and departmental political maneuvering; ethical and philosophical issues in law enforcement; the efficacy (or lack thereof) of the police's anticorruption efforts; the effectiveness of the training of police officers; the psychological and emotional pressures that lead to corruption; and the effects of police criminality on individuals and society. He concludes with the effects, in today's world, of Knapp and succeeding investigations into police corruption and the value of permanent outside monitoring bodies, such as the special prosecutor's office, formed in response to the Commission's recommendation, as well as the current monitoring commission, of which Armstrong is chairman.

Twilight of Impunity

Twilight of Impunity PDF Author: Judith Armatta
Publisher: Duke University Press
ISBN: 0822391791
Category : Law
Languages : en
Pages : 578

Book Description
An eyewitness account of the first major international war-crimes tribunal since the Nuremberg trials, Twilight of Impunity is a gripping guide to the prosecution of Slobodan Milosevic for war crimes, crimes against humanity, and genocide. The historic trial of the “Butcher of the Balkans” began in 2002 and ended abruptly with Milosevic’s death in 2006. Judith Armatta, a lawyer who spent three years in the former Yugoslavia during Milosevic’s reign, had a front-row seat at the trial. In Twilight of Impunity she brings the dramatic proceedings to life, explains complex legal issues, and assesses the trial’s implications for victims of the conflicts in the Balkans during the 1990s and international justice more broadly. Armatta acknowledges the trial’s flaws, particularly Milosevic’s grandstanding and attacks on the institutional legitimacy of the International Criminal Tribunal. Yet she argues that the trial provided an indispensable legal and historical narrative of events in the former Yugoslavia and a valuable forum where victims could tell their stories and seek justice. It addressed crucial legal issues, such as the responsibility of commanders for crimes committed by subordinates, and helped to create a framework for conceptualizing and organizing other large-scale international criminal tribunals. The prosecution of Slobodan Milosevic in The Hague was an important step toward ending impunity for leaders who perpetrate egregious crimes against humanity.

Prosecuting War Crimes

Prosecuting War Crimes PDF Author: James Gow
Publisher: Routledge
ISBN: 113461084X
Category : Law
Languages : en
Pages : 286

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.