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Accountability For Human Rights Atrocities In International Law

Author: Steven R. Ratner
Publisher: Oxford University Press
ISBN: 0199546665
Size: 54.64 MB
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The book offers an introduction to international law's approaches to holding individuals accountable for human rights atrocities, exploring whether human rights abusers can and should be brought to justice. The authors examine how, in the years since the Nuremberg Trials, states have created international norms holding abusers accountable, tried such people domestically and internationally for their crimes, and established other,non-criminal forms of accountability. These include trials in domestic courts and international tribunals such as the UN's Yugoslavia and Rwanda tribunals and the International Criminal Court, as well asnonprosecutorial mechanisms including civil suits, truth commissions, and immigration measures. The authors appraise the state of the law and its mechanisms, including analysis of the principal crimes (such as genocide and crimes against humanity) and discuss the opportunities for and challenges to further steps aimed at accountability.

Accountability For Human Rights Atrocities In International Law

Author: Steven R. Ratner
Publisher: OUP Oxford
ISBN: 0191018678
Size: 79.59 MB
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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.

Accountability For Human Rights Atrocities In International Law

Author: Steven R. Ratner
Publisher: Oxford University Press, USA
ISBN: 9780198298717
Size: 63.90 MB
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The fall of dictatorial regimes and the eruption of destructive civil conflicts around the world have led to calls for holding individuals accountable for human rights atrocities. International law had little to say on this subject from the time of the Nuremberg and Tokyo trials fifty years ago until very recently. In this well-researched book, Steven Ratner and Jason Abrams offer a comprehensive study of the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. They provide a searching analysis of the principal crimes under the law of nations, such as genocide and crimes against humanity. They go on to appraise the most important prosecutorial and other 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. In this new edition the authors also cover recent developments such as the jurisprudence of the UN's Yugoslavia and Rwanda tribunals, new domestic attempts at accountability, and the International Criminal Court. This new edition has been revised and updated to include developments since 1997, including domestic prosecutions and truth commission, the work of the UN's Yugoslavia and Rwand Tribunals, and the International Criminal Court.

Hiding In Plain Sight

Author: Eric Stover
Publisher: Univ of California Press
ISBN: 0520962761
Size: 73.61 MB
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Hiding in Plain Sight tells the story of the global effort to apprehend the world’s most wanted fugitives. Beginning with the flight of tens of thousands of Nazi war criminals and their collaborators after World War II, then moving on to the question of justice following the recent Balkan wars and the Rwandan genocide, and ending with the establishment of the International Criminal Court and America’s pursuit of suspected terrorists in the aftermath of 9/11, the book explores the range of diplomatic and military strategies—both successful and unsuccessful—that states and international courts have adopted to pursue and capture war crimes suspects. It is a story fraught with broken promises, backroom politics, ethical dilemmas, and daring escapades—all in the name of international justice and human rights. Hiding in Plain Sight is a companion book to the public television documentary Dead Reckoning: Postwar Justice from World War II to The War on Terror. For more information about the documentary, visit www.saybrookproductions.com. For information about the Human Rights Center, visit hrc.berkeley.edu.

Foreign Fighters Under International Law And Beyond

Author: Andrea de Guttry
Publisher: Springer
ISBN: 9462650993
Size: 51.89 MB
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This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field – lawyers, historians and political scientists – contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant’Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant’Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism – The Hague.

Access To Justice As A Human Right

Author: Francesco Francioni
Publisher: OUP Oxford
ISBN: 0191018651
Size: 26.73 MB
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In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.

Aggression And Crimes Against Peace

Author: Larry May
Publisher: Cambridge University Press
ISBN: 1139473069
Size: 12.17 MB
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In this volume, the third in his trilogy on the philosophical and legal aspects of war and conflict, Larry May locates a normative grounding for the crime of aggression - the only one of the three crimes charged at Nuremberg that is not currently being prosecuted - that is similar to that for crimes against humanity and war crimes. He considers cases from the Nuremberg trials, philosophical debates in the Just War tradition, and more recent debates about the International Criminal Court, as well as the hard cases of humanitarian intervention and terrorist aggression. His thesis refutes the traditional understanding of aggression. At Nuremberg, crimes against humanity charges were only pursued if the defendant also engaged in the crime of aggression. May argues for a reversal of this position, contending that aggression charges should be pursued only if the defendant's acts involve serious human rights violations.

The Nuremberg Legacy

Author: Norbert Ehrenfreund
Publisher: St. Martin's Press
ISBN: 9780230610781
Size: 44.23 MB
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Sixty years have passed since the Nuremberg trials of the major Nazi war criminals, but that event still stands as the foundation of international justice. Nuremberg not only ignited a revolution in international law but affected domestic law as well with its simple but profound priniciple that every individual accused of crime is entitled to a full and fair hearing.This book reveals how the precedents set at Nuremberg have affected human rights, race relations, medical practice, big business and even Germany's post-war development. It also examines the Nuremberg trials' influence on the modern war crimes trials of tyrants like Slobodan Milosevic and Saddam Hussein.

Accountability For Atrocities

Author: Jane E. Stromseth
Publisher: Brill - Nijhoff
ISBN: 9781571052797
Size: 64.21 MB
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This book examines critical challenges in achieving accountability for genocide, crimes against humanity, and war crimes, focussing in particular on the relationship between national and international accountability mechanisms in pursuing key goals over the past decade. The essays in this volume provide an in-depth look at the goals and mechanisms of accountability in a variety of cases: the former Yugoslavia; Rwanda; Sierra Leone; Cambodia; Argentina and El Salvador; East Timor and Indonesia; and Belgium's prosecution of war crimes under its universal jurisdiction law. By analyzing the goals pursued in each case, the relationship between domestic and international mechanisms, the relative emphasis on criminal and non-criminal forms of accountability, and the effectiveness of the chosen approaches, this volume offers important lessons for the ICC and highlights the continuing need for innovative forms of international assistance to advance specific accountability goals in particular countries. Published under the Transnational Publishers imprint.

Transnational Corporations And Human Rights

Author: Olivier De Schutter
Publisher: Bloomsbury Publishing
ISBN: 1847312764
Size: 59.49 MB
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This volume offers a systematic overview of the different tools through which the human rights accountability of transnational corporations may be improved. It first examines the responsibility of States in controlling transnational corporations, emphasizing both the limits imposed by the protection of the rights of investors under investment treaties and the potential of the US Alien Tort Claims Act and other similar extra-territorial legislations. It then turns to self-regulation by transnational corporations, through the use of codes of conduct or international framework agreements. It then discusses recent attempts at the global level to improve the human rights accountability of corporations by the direct imposition on corporations of obligations under international law. Finally, it considers the use of public procurement policies or of conditionalities in the lending policies of multilateral lending institutions in order to incentivize TNCs to behave ethically. Altogether, the book offers a rigorous legal analysis of these different developments and critically appraises their potential.