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Author: Chandra Lekha Sriram Publisher: Routledge ISBN: 1134197233 Category : History Languages : en Pages : 202
Book Description
This major new study examines the developing practice of universal jurisdiction, as well as the broader phenomenon of "globalizing" justice, and its ramifications. With a detailed overview of the contemporary practice of universal jurisdiction, it discerns three trends at work: pure universal jurisdiction, universal jurisdiction "plus", and non-use. It also argues that these disparities in practice should raise serious concerns as to the legitimacy and perceived legitimacy of such globalized justice. It then turns to a further consideration, that of globalized justice, precisely because it takes place far from the locus of the crime, and is therefore "externalized" and may fail to achieve many of its putative goals. In addition, this is a key assessment of civil accountability, through the use of the Alien Tort Claims Act in the United States. It details how the use of civil penalties may offer new avenues for redress, particularly with relation to group accountability, whether that of armed groups or of corporations. However, it balances this approach to accountability with recognition of certain flaws within externalized criminal accountability. This study also focuses on mixed tribunals, or other methods of internationalized justice as viable alternatives, which may avoid some of the problems with external justice, but are themselves far from perfect. Mixed or hybrid tribunals in East Timor and Sierra Leone represent different models of hybrid justice and provide the reader with excellent examples of these new forms of justice in action. This book will be of great interest to all students and scholars of human rights international law and political science.
Author: Chandra Lekha Sriram Publisher: Routledge ISBN: 1134197233 Category : History Languages : en Pages : 202
Book Description
This major new study examines the developing practice of universal jurisdiction, as well as the broader phenomenon of "globalizing" justice, and its ramifications. With a detailed overview of the contemporary practice of universal jurisdiction, it discerns three trends at work: pure universal jurisdiction, universal jurisdiction "plus", and non-use. It also argues that these disparities in practice should raise serious concerns as to the legitimacy and perceived legitimacy of such globalized justice. It then turns to a further consideration, that of globalized justice, precisely because it takes place far from the locus of the crime, and is therefore "externalized" and may fail to achieve many of its putative goals. In addition, this is a key assessment of civil accountability, through the use of the Alien Tort Claims Act in the United States. It details how the use of civil penalties may offer new avenues for redress, particularly with relation to group accountability, whether that of armed groups or of corporations. However, it balances this approach to accountability with recognition of certain flaws within externalized criminal accountability. This study also focuses on mixed tribunals, or other methods of internationalized justice as viable alternatives, which may avoid some of the problems with external justice, but are themselves far from perfect. Mixed or hybrid tribunals in East Timor and Sierra Leone represent different models of hybrid justice and provide the reader with excellent examples of these new forms of justice in action. This book will be of great interest to all students and scholars of human rights international law and political science.
Author: Sarah McIntosh Publisher: ISBN: 9781736841600 Category : Languages : en Pages :
Book Description
"Pursuing Justice for Mass Atrocities: A Handbook for Victim Groups" is an educational resource for victim groups that want to influence or participate in the justice process for mass atrocities. It presents a range of tools that victim groups can use, from building a victim-centered coalition and developing a strategic communications plan to engaging with policy makers and decision makers and using the law to obtain justice.
Author: Deborah Mayersen Publisher: Routledge ISBN: 1135047715 Category : Political Science Languages : en Pages : 220
Book Description
The twentieth century has been labelled the ‘century of genocide’, and according to estimates, more than 250 million civilians were victims of genocide and mass atrocities during this period. This book provides one of the first regional perspectives on mass atrocities in Asia, by exploring the issue through two central themes. Bringing together experts in genocide studies and area specialists, the book looks at the legacy of past genocides and mass atrocities, with case studies on East Timor, Cambodia and Indonesia. It explores the enduring legacies of trauma and societal divisions, the complex and continuing impacts of past mass violence, and the role of transitional justice in the aftermath of mass atrocities in Asia. Understanding these complex legacies is crucial for the region to build a future that acknowledges the past. The book goes on to consider the prospects and challenges for preventing future mass atrocities in Asia, and globally. It discusses both regional and global factors that may impact on preventing future mass atrocities in Asia, and highlights the value of a regional perspective in mass atrocity prevention. Providing a detailed examination of genocide and mass atrocities through the themes of legacies and prevention, the book is an important contribution to Asian Studies and Security Studies.
Author: Kingsley Chiedu Moghalu Publisher: Bloomsbury Publishing USA ISBN: 0313087121 Category : Political Science Languages : en Pages : 238
Book Description
After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In Global Justice, Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective—that of an anarchical international society. After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In Global Justice, Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective—that of an anarchical international society. He argues that, contrary to conventional wisdom, war crimes trials are neither motivated nor influenced solely by abstract notions of justice. Instead, war crimes trials are the product of the interplay of political forces that have led to an inevitable clash between globalization and sovereignty on the sensitive question of who should judge war criminals. From Germany's Kaiser Wilhelm to the Japanese Emperor Hirohito, from the trials of Milosevic, Saddam Hussein, and Charles Taylor to Belgium's attempts to enforce the contested doctrine of universal jurisdiction, Moghalu renders a compelling tour de force of one of the most controversial subjects in world politics. He argues that, necessary though it was, international justice has run into a crisis of legitimacy. While international trials will remain a policy option, local or regional responses to mass atrocities will prove more durable.
Author: Robert I. Rotberg Publisher: Brookings Institution Press ISBN: 0815704712 Category : Political Science Languages : en Pages : 265
Book Description
A dozen scholars explore what can be done to combat genocide, ethnic cleansing and other crimes against humanity, which, despite grisly examples from the past century, continue to rear their ugly head today. Original.
Author: Daniel Krcmaric Publisher: Cornell University Press ISBN: 1501750224 Category : Political Science Languages : en Pages : 263
Book Description
Abusive leaders are now held accountable for their crimes in a way that was unimaginable just a few decades ago. What are the consequences of this recent push for international justice? In The Justice Dilemma, Daniel Krcmaric explains why the "golden parachute" of exile is no longer an attractive retirement option for oppressive rulers. He argues that this is both a blessing and a curse: leaders culpable for atrocity crimes fight longer civil wars because they lack good exit options, but the threat of international prosecution deters some leaders from committing atrocities in the first place. The Justice Dilemma therefore diagnoses an inherent tension between conflict resolution and atrocity prevention, two of the signature goals of the international community. Krcmaric also sheds light on several important puzzles in world politics. Why do some rulers choose to fight until they are killed or captured? Why not simply save oneself by going into exile? Why do some civil conflicts last so much longer than others? Why has state-sponsored violence against civilians fallen in recent years? While exploring these questions, Krcmaric marshals statistical evidence on patterns of exile, civil war duration, and mass atrocity onset. He also reconstructs the decision-making processes of embattled leaders—including Muammar Gaddafi of Libya, Charles Taylor of Liberia, and Blaise Compaoré of Burkina Faso—to show how contemporary international justice both deters atrocities and prolongs conflicts.
Author: Joachim J. Savelsberg Publisher: Univ of California Press ISBN: 0520281500 Category : Social Science Languages : en Pages : 359
Book Description
A free ebook version of this title is available through Luminos, University of California Press’s new open access publishing program for monographs. Visit www.luminosoa.org to learn more. How do interventions by the UN Security Council and the International Criminal Court influence representations of mass violence? What images arise instead from the humanitarianism and diplomacy fields? How are these competing perspectives communicated to the public via mass media? Zooming in on the case of Darfur, Joachim J. Savelsberg analyzes more than three thousand news reports and opinion pieces and interviews leading newspaper correspondents, NGO experts, and foreign ministry officials from eight countries to show the dramatic differences in the framing of mass violence around the world and across social fields. Representing Mass Violence contributes to our understanding of how the world acknowledges and responds to violence in the Global South.
Author: Annie R. Bird Publisher: Oxford University Press ISBN: 0199338426 Category : Political Science Languages : en Pages : 288
Book Description
Since the end of the Cold War, the United States has been a key driver of transitional justice. It has provided crucial political backing, as well as technical and financial assistance for trials, truth commissions, and other measures aimed at helping societies address serious human rights violations. Surprisingly, however, scholars have not analyzed closely the role of the US in transitional justice. This book offers the first systematic and cross-cutting account of US foreign policy on transitional justice. It explores the development of US foreign policy on the field from World War I to the present, and provides an in-depth examination of US involvement in measures in Cambodia, Liberia, and Colombia. Annie Bird supports her findings with nearly 200 interviews with key US and foreign government officials, staff of transitional justice measures, and country experts. By "opening the black box" of US foreign policy, the book shows how the diverse and evolving interests of presidential administrations, Congress, the State Department, and other agencies play a major role in shaping US involvement in transitional justice. The book argues that, despite multiple influences, US foreign policy on transitional justice is characterized by a distinctive approach that is symbolic, retributive, and strategic. As the book concludes, this approach has influenced the field as a whole, including the establishment, design, and implementation of transitional justice measures.
Author: William Durch Publisher: Oxford University Press ISBN: 0192527827 Category : Political Science Languages : en Pages : 568
Book Description
Just Security in an Undergoverned World examines how humankind can manage global problems to achieve both security and justice in an age of antithesis. Global connectivity is increasing, visibly and invisiblyin trade, finance, culture, and informationhelping to spur economic growth, technological advance, and greater understanding and freedom, but global disconnects are growing as well. Ubiquitous electronics rely on high-value minerals scraped from the earth by miners kept poor by corruption and war. People abandon burning states for the often indifferent welcome of wealthier lands whose people, in turn, draw into themselves. Humanity's very success, underwritten in large part by lighting up gigatons of long-buried carbon for 200 years, now threatens humanity's future. The global governance institutions established after World War II to manage global threats, especially the twin scourges of war and poverty, have expanded in reach and impact, while paradoxically losing the political support of some of their wealthiest and most powerful members. Their problems mimic those of their members in struggling to adapt to new problems and maintain trust in norms and public bodies. This volume argues, however, that a properly mandated, managed, and modernized global architecture offers unparalleled potential to midwife solutions to intractable issuesfrom violent conflict and climate change to poverty and pandemic diseasethat transcend borders and the capacities of individual actors. It offers just security as a new framework for charing innovating solutions and strategies for effective and essential global governance.
Author: Chandra Lekha Sriram
Author: Chandra Lekha Sriram
Author: Sarah McIntosh
Author: Deborah Mayersen
Author: Kingsley Chiedu Moghalu
Author: Robert I. Rotberg
Author: Daniel Krcmaric
Author: Joachim J. Savelsberg
Author: Annie R. Bird
Author: Randle C. DeFalco
Author: William Durch