International Justice Against Impunity

International Justice Against Impunity
Author: Yves Beigbeder
Publisher: Martinus Nijhoff Publishers
Total Pages: 258
Release: 2005
Genre: Law
ISBN: 900414451X

This volume reviews the achievements and limitations of the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the creation of mixed national/international courts: the Special Court for Sierra Leone and the Cambodia Tribunal. The major, unexpected and promising judiciary innovation is however the creation of the International Criminal Court in 1998, supported by the UN, European Union members and other countries, effectively promoted by NGOs, but strongly opposed by the USA. The Court will have to show that it is a fair and valuable instrument in fighting impunity at the international level.

Anti-Impunity and the Human Rights Agenda

Anti-Impunity and the Human Rights Agenda
Author: Karen Engle
Publisher: Cambridge University Press
Total Pages: 401
Release: 2016-12-15
Genre: Law
ISBN: 110707987X

This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.

Aut dedere aut judicare: The Duty to Extradite or Prosecute in International Law

Aut dedere aut judicare: The Duty to Extradite or Prosecute in International Law
Author: M. Cherif Bassiouni
Publisher: BRILL
Total Pages: 354
Release: 2023-10-20
Genre: Law
ISBN: 9004642676

The emergence of a global community is accompanied by a realization that greater cooperation is essential to its welfare. This is particularly true in the area of crime prevention and control. The increase in international, transnational, transboundary and national crime has contributed to a genuine growth in the body of international criminal law. The most effective way to combat such crimes is for states to accept an obligation to try international criminal law offenders before their own courts or surrender them for trial before the courts of another state or an international court. Until such time as an effective system of international criminal justice is established, the duty to prosecute or extradite will remain the foundation for international criminal law enforcement. This book examines in detail the variety of international instruments which impose a duty to prosecute or to extradite. It asks how far this duty goes and whether one aspect of this obligation supersedes the other, and whether it can now be regarded as an obligation imposed by general international law. In discussing these questions, the book provides a highly illuminating account of the basic postulates of international criminal law and their relationship to competing visions of the nature of the international legal order. There is an evident need for international law to settle some of these questions. The ICJ, for example, needs to address the question in the case brought before it by Libya against the U.S. and the United Kingdom. Moreover, it will be a question of some significance with respect to the International Criminal Tribunal for the former Yugoslavia. Lastly, the prospect of a permanent international criminal court presently before the United Nations, is, in part, dependent on the effectiveness of aut dedere aut judicare. The two authors who address these difficult questions have contributed to the advancement of international law in general, and international criminal law in particular. They have produced a book which is a balanced blend of scholarly research and legal analysis.

The United Nations Principles to Combat Impunity: A Commentary

The United Nations Principles to Combat Impunity: A Commentary
Author: Frank Haldemann
Publisher: Oxford University Press
Total Pages: 592
Release: 2018-03-21
Genre: Law
ISBN: 0191061298

The fight against impunity has become a growing concern of the international community. Updated in 2005, the UN Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity is the fruit of several years of study, developed under the aegis of the UN Commission on Human Rights and then affirmed by the Human Rights Council. These Principles are today widely accepted as constituting an authoritative reference point for efforts in the fight against impunity for gross human rights abuses and serious violations of international humanitarian law. As a comprehensive attempt to codify universal accountability norms, the UN Set of Principles marks a significant step forward in the debate on the obligation of states to combat impunity in its various forms. Bringing together leading experts in the field, this volume provides comprehensive academic commentary of the 38 principles. The book is a perfect companion to the document, setting out the text of the Principles alongside detailed analysis, as well as a full introduction and a guide to the relevant literature and case law. The commentary advances debates and clarifies complex legal issues, making it an essential resource for legal academics, students, and practitioners working in fields such as human rights, international criminal law, and transitional justice.

It's in Our Hands

It's in Our Hands
Author: Amnesty International
Publisher:
Total Pages: 0
Release: 2004
Genre: Abused women
ISBN: 9780862103491

This report investigates causes, forms and remedies. It explores the relationship between violence against women and poverty, discrimination and militarisation. It highlights the responsibility of the state, the community and individuals for taking action to end violence against women.

Journalists under pressure

Journalists under pressure
Author: Marilyn Clark
Publisher: Council of Europe
Total Pages: 90
Release: 2017-03-01
Genre: Political Science
ISBN: 9287184402

Freedom of expression is one of the basic conditions for the progress of society. Without safeguards for the safety of journalists there can be no free media. Journalists are under threat in Europe. Different forms of violence against journalists have increased significantly over the last decade: from physical attacks, to intimidation and harassment, targeted surveillance and cyberbullying, we now see a range of tactics deployed to silence critical voices and free speech. Together with impunity for the perpetrators of unwarranted interference on journalists, these are among the most serious challenges facing media freedom today. Self-censorship is hardly surprising in such circumstances. This study, conducted among almost 1 000 journalists and other news providers in the 47 Council of Europe member states and Belarus, sheds new light on how these issues impact on journalists’ behaviour. The results of the study provide quantitative evidence on such unwarranted interference, fear and how this relates to consequent self-censorship. These striking results confirm the urgent need for member states to fully implement Recommendation CM/Rec(2016)4 on the protection of journalism and safety of journalists and other media actors, and represent an essential and reliable tool for strategic planning in this field to guarantee freedom of expression.

Affective Justice

Affective Justice
Author: Kamari Maxine Clarke
Publisher: Duke University Press
Total Pages: 220
Release: 2019-11-15
Genre: History
ISBN: 1478007389

Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.

The Art of Political Murder

The Art of Political Murder
Author: Francisco Goldman
Publisher: Grove/Atlantic, Inc.
Total Pages: 416
Release: 2008-09-16
Genre: History
ISBN: 1555846378

In this New York Times Notable Book, the Pulitzer Prize–finalist undertakes his own investigation into the murder of a Guatemalan bishop. Named a Best Book of the Year by the Washington Post Book World, the Chicago Tribune, the Economist, and the San Francisco Chronicle Two days after releasing a groundbreaking church-sponsored report implicating the military in the murders and disappearances of some two hundred thousand Guatemalan civilians, Bishop Juan Gerardi was bludgeoned to death in his garage. Gerardi was the country’s leading human rights activist, but the Church quickly realized it could not rely on police investigators or the legal system to solve the crime. Instead, Church leaders formed their own investigative team: a group of secular young men who called themselves Los Intocables—the Untouchables. Author Francisco Goldman spoke to witnesses no other reporter was able to reach, observing firsthand some of the most crucial developments in this sensational case. Documenting the Latin American reality of mara youth gangs and organized crime, The Art of Political Murder tells the incredible true story of Los Intocables and their remarkable fight for justice. “Becoming by turns a little bit Columbo, Jason Bourne and Seymour Hersh, Goldman gives us the anatomy of a crime while opening a window to a misunderstood neighboring country that is flirting with anarchy.” —The New York Times Book Review

Head of State Immunity Under the Malabo Protocol

Head of State Immunity Under the Malabo Protocol
Author: Kobina Egyir Daniel
Publisher: Developments in International
Total Pages: 0
Release: 2021
Genre: Law
ISBN: 9789004466074

In Head of State Immunity under the Malabo Protocol Kobina Egyir Daniel, offers an insightful legal analysis of Head of State immunities in international law and the role that the asymmetry of the international legal order plays in its contemporary application