Search results for: prosecuting-serious-human-rights-violations

Prosecuting Serious Human Rights Violations

Author : Anja Seibert-Fohr
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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.

The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations

Author : Juan Carlos Ochoa S.
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In The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations, Juan Carlos Ochoa offers a systematic analysis of international and comparative domestic law on the position of the victim in the prosecution of these infringements, points to the deficiencies of the current state of customary international law, and proposes specific reforms.

Prosecuting Human Rights Offences

Author : Kresimir Kamber
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In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores the features of the procedural obligation to investigate, prosecute and punish human rights offences, and explains how they determine the contemporary understanding of function of criminal prosecution.

International Prosecution of Human Rights Crimes

Author : Wolfgang Kaleck
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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.

Coercive Human Rights

Author : Laurens Lavrysen
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Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.

Individual Responsibility in International Law for Serious Human Rights Violations

Author : Lyal S. Sunga
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What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.

Rwanda s Gacaca Courts

Author : Paul Christoph Bornkamm
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Originally presented as the author's thesis (doctoral)--Humboldt University of Berlin, 2009.

Accountability for Human Rights Atrocities in International Law

Author : Steven R. Ratner
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This book explores the promises and limitations of holding individuals accountable for violations of international human rights and humanitarian law. It analyses the principal crimes under international law, such as genocide, crimes against humanity, and war crimes, and appraises both prosecutorial and other key mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. This fully updated new edition contains expanded coverage of national trials under universal jurisdiction, international criminal tribunals including the International Criminal Court, new hybrid tribunals in Cambodia and elsewhere, truth commissions, and lustration. It also explores individual accountability for terrorist acts and for abuses committed in the name of counter-terrorism policy.

Supranational Criminal Law

Author : Roelof Haveman
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What exactly is the context in which all aspects of this new field of criminal law have to be interpreted? What does the principle of legality mean in the context of supranational criminal law? Which tradition lies at the basis of this new law system? Is supranational criminal law as it grows the result of a deliberate policy, tending towards a coherent system? Or is it merely the result of crisis management? Those are some of the questions that are highlighted in this first volume of the Supranational Criminal Law series.

Justice in Transition Prosecution and Amnesty in Germany and South Africa

Author : Gerhard Werle
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"The project on 'Criminal Justice and the East German Past' held an international symposium ... from 6 to 9 April 2005 at the Humboldt University in Berlin"--Page v.

Systemic Injustice

Author : Observatoire pour la protection des défenseurs des droits de l'homme
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Judicial Reforms in Mexico

Uniform Impunity

Author : Human Rights Watch (Organization)
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It tolerates the military investigating itself through a system that lacks basic safeguards to ensure independence and impartiality. This report describes 17 cases involving egregious crimes by soldiers against more than 70 victims, including several cases from 2007 and 2008. None of the military investigations of army abuses analyzed here has led to a criminal conviction of even a single soldier for human rights violations. A civilian investigation was conducted in one of the cases and led to the conviction of four soldiers. The military invokes the Code of Military Justice and a strained constitutional interpretation to justify exerting jurisdiction over the cases. Civilian prosecutors have typically accepted the military's jurisdiction grab. But this outcome is not prescribed by Mexico's Constitution and is inconsistent with a recent binding Supreme Court decision.

Statistical Methods for Human Rights

Author : Jana Asher
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Human rights issues are shaping the modern world. They define the expectations by which nations are judged and affect the policy of governments, corporations, and foundations. Statistics is central to the modern perspective on human rights. It allows researchers to measure the effect of health care policies, the penetration of educational opportunity, and progress towards gender equality. This book describes the statistics that underlie the social science research in human rights. It includes case studies, methodology, and research papers that discuss the fundamental measurement issues.

Prosecuting Heads of State

Author : Ellen L. Lutz
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The meteoric rise in criminal prosecutions of former heads of state is examined for the first time in this probing and engaging narrative.

Accountability for International Crimes and Serious Violations of Fundamental Human Rights

Author : M. Cherif Bassiouni
File Size : 84.88 MB
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The Art of Truth telling about Authoritarian Rule

Author : Ksenija Bilbija
File Size : 44.94 MB
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People who have lived through authoritarian rule have stories to tell. They want to tell their truths: truths that have been silenced, truths that have been censored, truths that are still uncomfortable. But how do individuals begin to speak about a political past that was too horrible for words, especially when the words only came in torrents of pabulum, snake oil, and venom? How are versions of events that have slipped outside of official narratives best voiced in a society moving out of authoritarianism? This generously illustrated volume examines the art of truth-telling and the creation of stories, accounts, images, songs, street theater, paintings, urban designs, and ideas that pay witness to authoritarian pasts. This comprehensive collection, with contributions by scholars, activists, and artists from around the world, explores this theme across a range of national experiences, each featuring its own unique set of historical, institutional, and cultural conditions. This book is bold, creative in form and content, and unlike any other treatment of authoritarian transitions, with the editors and contributors daringly staking a place for cross-disciplinary conversations on modern history, creative art, politics, and social meaning. By examining the truths--both official and unofficial--about the past, we can learn how to avoid repeating atrocities in the future.

Peace Without Justice

Author : Margaret Popkin
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Popkin analyzes the role of international actors, notably the United States and the United Nations, and the contributions and limitations of international assistance in efforts to establish accountability and reform the justice system in El Salvador. The author discusses the essential role of civil society in attempts to establish accountability and an effective justice system for all, and looks at the reasons for and the consequences of the limited role played by Salvadorean civil society. She also addresses the challenges facing democratic reform efforts in the context of a postwar crime wave. Peace Without Justice grew out of Margaret Popkin's extensive experience working as a human rights advocate in El Salvador during the armed conflict and interviews with a variety of Salvadorans and others involved in justice reform and in negotiating and implementing the peace accords.

Texts adopted at the fourth part of the 2004 ordinary session of the Parliamentary Assembly 4 8 October 2004

Author : Council of Europe: Parliamentary Assembly
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False Dawn

Author : Human Rights Watch (Organization)
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"Documents how the Zimbabwe African Union-Patriotic Front (ZANU-PF), the former sole ruling party, is using its greater political power within the government to obstruct human rights improvements. ZANU-PF supporters continue to commit abuses against perceived Movement for Democratic Change (MDC) supporters with impunity. Police, prosecuting authorities, and court officials aligned to ZANU-PF conduct politically motivated prosecutions of MDC legislators and activists"--Cover, p. [4].

Mexico

Author :
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