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Atrocity Punishment And International Law

Author: Mark A. Drumbl
Publisher: Cambridge University Press
ISBN: 1139464566
Size: 78.80 MB
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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.

Philosophy Of Law

Author: Larry May
Publisher: John Wiley & Sons
ISBN: 1405183888
Size: 68.70 MB
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Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory

Reconstructing Atrocity Prevention

Author: Sheri P. Rosenberg
Publisher: Cambridge University Press
ISBN: 131636870X
Size: 44.61 MB
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In the two-and-a-half decades since the end of the Cold War, policy makers have become acutely aware of the extent to which the world today faces mass atrocities. In an effort to prevent the death, destruction and global chaos wrought by these crimes, the agendas for both national and international policy have grown beyond conflict prevention to encompass atrocity prevention, protection of civilians, transitional justice and the responsibility to protect. Yet, to date, there has been no attempt to address the topic of the prevention of mass atrocities from the theoretical, policy and practicing standpoints simultaneously. This volume is designed to fill that gap, clarifying and solidifying the present understanding of atrocity prevention. It will serve as an authoritative work on the state of the field.

Accountability For Human Rights Atrocities In International Law

Author: Steven R. Ratner
Publisher: Oxford University Press
ISBN: 0199546665
Size: 10.71 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.

Kultur In Den Internationalen Beziehungen

Author: Martin List
Publisher: Springer-Verlag
ISBN: 3658207892
Size: 40.58 MB
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Völkerrecht und Menschenrechte, Solidarität, Nationalismus, Religion, Konsumerismus und Neoliberalismus – wie lässt sich die Wirksamkeit solch kultureller Faktoren in der internationalen Politik angemessen analysieren? Die Eignung unterschiedlicher Theorien der Internationalen Beziehungen hierfür wird in diesem Lehrbuch erörtert und sodann anhand der genannten Themenbereiche demonstriert. Dabei verfolgt die Einführung für fortgeschrittene Bachelor- und Master-Studierende eine herrschaftskritische Perspektive.

Reimagining Child Soldiers In International Law And Policy

Author: Mark A. Drumbl
Publisher: OUP Oxford
ISBN: 0191627690
Size: 10.54 MB
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The international community's efforts to halt child soldiering have yielded some successes. But this pernicious practice persists. It may shift locally, but it endures globally. Preventative measures therefore remain inadequate. Former child soldiers experience challenges readjusting to civilian life. Reintegration is complex and eventful. The homecoming is only the beginning. Reconciliation within communities afflicted by violence committed by and against child soldiers is incomplete. Shortfalls linger on the restorative front. The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. Current humanitarian discourse sees child soldiers as passive victims, tools of war, vulnerable, psychologically devastated, and not responsible for their violent acts. This perception has come to suffuse international law and policy. Although reflecting much of the lives of child soldiers, this portrayal also omits critical aspects. This book pursues an alternate path by reimagining the child soldier. It approaches child soldiers with a more nuanced and less judgmental mind. This book takes a second look at these efforts. It aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. Along the way, Drumbl questions central tenets of contemporary humanitarianism and rethinks elements of international criminal justice. This ground-breaking book is essential reading for anyone committed to truly emboldening the rights of the child. It offers a way to think about child soldiers that would invigorate international law, policy, and best practices. Where does this reimagination lead? Not toward retributive criminal trials, but instead toward restorative forms of justice. Toward forgiveness instead of excuse, thereby facilitating reintegration and promoting social repair within afflicted communities. Toward a better understanding of child soldiering, without which the practice cannot be ended. This book also offers fresh thinking on related issues, ranging from juvenile justice, to humanitarian interventions, to the universality of human rights, to the role of law in responding to mass atrocity.

Medien Der Rechtsprechung

Author: Cornelia Vismann
Publisher: S. Fischer Verlag
ISBN: 3104009465
Size: 65.61 MB
Format: PDF
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Recht wird gesprochen. Es gilt das Prinzip der Mündlichkeit. Die Rechtsprechung operiert indes auch mit Medien, die nicht der Stimme zugehören. Eine Fotografie zu Beweiszwecken oder eine Kamera zur Übertragung einer Gerichtsverhandlung zählen ebenfalls zu den Medien der Rechtsprechung. Weit davon entfernt, bloße Hilfsmittel der Wahrheitsfindung zu sein, greifen sie in das Verfahren ein. Und dort, wo unter der Macht technischer Medien die justitiellen Formen verwildern, wird das Gericht zum Tribunal.

The Thin Justice Of International Law

Author: Steven R. Ratner
Publisher: OUP Oxford
ISBN: 0191009113
Size: 40.94 MB
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In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.