Atrocity Crimes And International Law
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Author | : Mark A. Drumbl |
Publisher | : Cambridge University Press |
Total Pages | : 211 |
Release | : 2007-04-30 |
Genre | : Law |
ISBN | : 1139464566 |
This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.
Author | : Jennifer Trahan |
Publisher | : Cambridge University Press |
Total Pages | : 375 |
Release | : 2020-08-13 |
Genre | : Law |
ISBN | : 1108487017 |
The book outlines legal limits to the veto power of UN Security Council permanent members while atrocity crimes are occurring.
Author | : Randle C. DeFalco |
Publisher | : Cambridge University Press |
Total Pages | : 313 |
Release | : 2022-03-17 |
Genre | : Law |
ISBN | : 1108487416 |
This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.
Author | : Theodor Meron |
Publisher | : Oxford University Press |
Total Pages | : 385 |
Release | : 2021 |
Genre | : Law |
ISBN | : 0198863438 |
Judge Theodor Meron addresses the key questions facing the international criminal justice system, drawing on two decades of experience as an international judge and a distinguished academic career. He provides insights into judicial independence and the principle of fairness in trying cases before international criminal courts and tribunals.
Author | : Gregory S. Gordon |
Publisher | : Oxford University Press |
Total Pages | : 465 |
Release | : 2017 |
Genre | : History |
ISBN | : 0190612681 |
This book is the first comprehensive study of the international law encompassing hate speech. Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.
Author | : Dire Tladi |
Publisher | : BRILL |
Total Pages | : 806 |
Release | : 2021-08-16 |
Genre | : Law |
ISBN | : 9004464123 |
Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.
Author | : Steven R. Ratner |
Publisher | : Oxford University Press |
Total Pages | : 534 |
Release | : 2009 |
Genre | : History |
ISBN | : 0199546665 |
This book explores the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. It analyses the principal crimes, such as genocide and crimes against humanity, and appraises the mechanisms developed to bring individuals to justice.
Author | : Mark S. Berlin |
Publisher | : Oxford University Press, USA |
Total Pages | : 267 |
Release | : 2020-02-27 |
Genre | : Political Science |
ISBN | : 0198850441 |
Why do countries adopt criminal legislation making it possible to prosecute government and military officials for human rights violations? Over the past thirty years, dozens of countries have prosecuted their own or other states' officials for past atrocities. In Criminalizing Atrocity, Mark Berlin tells the story of the global spread of national criminal laws against atrocity crimes - genocide, war crimes, and crimes against humanity - laws that have helped pave the way for this remarkable trend toward greater accountability. He traces the early 20th-century origins of national atrocity laws to a group of influential European criminal law scholars and explains the global patterns by which these laws have since spread. Berlin shows that understanding why countries criminalize atrocities requires understanding how they do so. In many cases, criminalization has not been the result of concerted government initiative, but of inconspicuous choices made by technocratic legal experts who have been delegated authority to draft large-scale reforms to countries' national criminal codes. Drawing on research in comparative law and norm diffusion, Berlin explains how such reform projects prompt technocratic drafters to select legal ideas, like atrocity laws, that have been endorsed by their professional communities and deemed by drafters to be important features of a ''modern'' criminal code. To test this argument, Berlin draws on original quantitative and qualitative data, including in-depth case studies of Guatemala, Poland, Colombia, and the Maldives, and a new, comprehensive dataset tracking the global spread of atrocity laws since Word War II. The book's findings highlight the importance of professional communities in the modern renaissance of atrocity justice and the domestication of international legal norms.
Author | : Darryl Robinson |
Publisher | : Oxford University Press |
Total Pages | : 896 |
Release | : 2020-02-24 |
Genre | : Law |
ISBN | : 0192558897 |
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Author | : Sam Dubberley |
Publisher | : |
Total Pages | : 385 |
Release | : 2020 |
Genre | : History |
ISBN | : 0198836066 |
This book covers the developing field of open source research and discusses how to use social media, satellite imagery, big data analytics, and user-generated content to strengthen human rights research and investigations. The topics are presented in an accessible format through extensive use of images and data visualization.