The Right To Truth In International Human Rights Law
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Author | : Melanie Klinkner |
Publisher | : Routledge |
Total Pages | : 287 |
Release | : 2019-07-26 |
Genre | : Law |
ISBN | : 1317335082 |
The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.
Author | : François J. Larocque |
Publisher | : |
Total Pages | : 0 |
Release | : 2019 |
Genre | : International law |
ISBN | : 9781780683546 |
This collection of essays addresses the most pressing contemporary issues in international law and relations. The authors are leading experts and renowned actors on the international stage or in national jurisdictions.
Author | : Eric Posner |
Publisher | : Oxford University Press |
Total Pages | : 201 |
Release | : 2014-10-01 |
Genre | : Political Science |
ISBN | : 0199313458 |
Countries solemnly intone their commitment to human rights, and they ratify endless international treaties and conventions designed to signal that commitment. At the same time, there has been no marked decrease in human rights violations, even as the language of human rights has become the dominant mode of international moral criticism. Well-known violators like Libya, Saudi Arabia, and Sudan have sat on the U.N. Council on Human Rights. But it's not just the usual suspects that flagrantly disregard the treaties. Brazil pursues extrajudicial killings. South Africa employs violence against protestors. India tolerate child labor and slavery. The United States tortures. In The Twilight of Human Rights Law--the newest addition to Oxford's highly acclaimed Inalienable Rights series edited by Geoffrey Stone--the eminent legal scholar Eric A. Posner argues that purposefully unenforceable human rights treaties are at the heart of the world's failure to address human rights violations. Because countries fundamentally disagree about what the public good requires and how governments should allocate limited resources in order to advance it, they have established a regime that gives them maximum flexibility--paradoxically characterized by a huge number of vague human rights that encompass nearly all human activity, along with weak enforcement machinery that churns out new rights but cannot enforce any of them. Posner looks to the foreign aid model instead, contending that we should judge compliance by comprehensive, concrete metrics like poverty reduction, instead of relying on ambiguous, weak, and easily manipulated checklists of specific rights. With a powerful thesis, a concise overview of the major developments in international human rights law, and discussions of recent international human rights-related controversies, The Twilight of Human Rights Law is an indispensable contribution to this important area of international law from a leading scholar in the field.
Author | : Ilias Bantekas |
Publisher | : Cambridge University Press |
Total Pages | : 1033 |
Release | : 2024-02-15 |
Genre | : Law |
ISBN | : 1009306383 |
Now in its fourth edition, this well-respected textbook blends the theory of human rights with its context, debates and practice.
Author | : Mark Bradley |
Publisher | : Rutgers University Press |
Total Pages | : 300 |
Release | : 2002 |
Genre | : Law |
ISBN | : 9780813530529 |
Exhibiting Terror: Lindsay French
Author | : Darryl Robinson |
Publisher | : Oxford University Press |
Total Pages | : 894 |
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 | : Uladzislau Belavusau |
Publisher | : Cambridge University Press |
Total Pages | : 461 |
Release | : 2017-10-19 |
Genre | : History |
ISBN | : 110718875X |
The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.
Author | : Amal Clooney |
Publisher | : Oxford University Press, USA |
Total Pages | : 1057 |
Release | : 2021-02-11 |
Genre | : Law |
ISBN | : 0198808399 |
This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.
Author | : Irene Pietropaoli |
Publisher | : Routledge |
Total Pages | : 248 |
Release | : 2020-05-07 |
Genre | : Business & Economics |
ISBN | : 1000066061 |
This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.
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.