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Hybrid Tribunals

Author: Aaron Fichtelberg
Publisher: Springer
ISBN: 1461466393
Size: 41.72 MB
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​​​ This book examines hybrid tribunals created in Sierra Leone, Kosovo, Cambodia, East Timor, and Lebanon, in terms of their origins (the political and social forces that led to their creation), the legal regimes that they used, their various institutional structures, and the challenges that they faced during their operations. Through this study, the author looks at both their successes and their shortcomings, and presents recommendations for the formation of future hybrid tribunals. Hybrid tribunals are a form of the international justice where the judicial responsibility is shared between the international community and the local state where they function. These tribunals represent an important bridge between traditional international courts like the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and various local justice systems. Because hybrid tribunals are developed in response to large-scale atrocities, these courts are properly considered part of the international criminal justice system. This feature gives hybrid tribunals the accountability and legitimacy often lost in local justice systems; however, by including regional courtroom procedures and personnel, they are integrated into the local justice system in a way that allows a society to deal with its criminals on its own terms, at least in part. This unique volume combines historical and legal analyses of these hybrid tribunals, placing them within a larger historical, political, and legal context. It will be of interest to researchers in Criminal Justice, International Studies, International Law, and related fields.

Research Handbook On Transitional Justice

Author: D Jacobs
Publisher: Edward Elgar Publishing
ISBN: 178195531X
Size: 11.51 MB
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Providing detailed and comprehensive coverage of the transitional justice field, this Research Handbook brings together leading scholars and practitioners to explore how societies deal with mass atrocities after periods of dictatorship or conflict. Situating the development of transitional justice in its historical context, social and political context, it analyses the legal instruments that have emerged.

Judgments Of Love In Criminal Justice

Author: Farhad Malekian
Publisher: Springer
ISBN: 3319469002
Size: 77.84 MB
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This volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i.e. legality, morality and love. The norm love is derived from human reason for man’s advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is to generate a normative and positive, powerful result, therefore avoiding any impurity that may exist in the application of other norms because of political or juridical pressures - a one-eyed justice. The norm love also renders justice with the principles of legal accountability, transparency and the high moral, authentic values of humanity. The notion of justice cannot be trusted in the absence of the norm love. The volume indicates the conditions of its efficiency by proving the reasons for its existence in the context of fairness, objectivity and concern for all individuals and entities. The concept of the norm love should be the core academic corpus for lecturing law in all faculties of law. It is simply the enlightenment of the 21st century. A lawyer with requisite knowledge and skill is not a lawyer if he cannot understand that the law does not need a lawyer with ethical competence in its provisions for income purposes but one with knowledge of its essence for the advanced morality of justice and the sheer essence of love for justice.

The Justice Facade

Author: Alexander Hinton
Publisher: Oxford University Press
ISBN: 0192552910
Size: 21.14 MB
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What is Justice? Is it always just 'to come'? Can real experience be translated into law? Examining Cambodia's troubled reconciliation, Alexander Hinton suggests an approach to justice founded on global ideals of the rule of law, democratization, and a progressive trajectory towards liberty and freedom, and which seeks to align the country with so called universal modes of thought, is condemned to failure. Instead, Hinton advocates focusing on the individual lived experience, and the discourses, interstices, and the combustive encounters connected with it, as a radical alternative. A phenomenology inspired approach towards healing national trauma, Hinton's ground-breaking text will make anybody with an interest in transitional justice, development, humanitarian intervention, human rights, or peacebuilding, question the value of an established truth.

The Extraordinary Chambers In The Courts Of Cambodia

Author: Simon M. Meisenberg
Publisher: Springer
ISBN: 9462651051
Size: 24.24 MB
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This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC’s hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed assessment of their legacies and contribution to international criminal law. The collection, containing 20 chapters from leading scholars and practitioners with inside knowledge of the ECCC, discuss the most pressing topics and its implications for international criminal law. These include the establishment of the ECCC, subject matter crimes, joint criminal enterprise and procedural aspects, including questions regarding the trying of frail accused persons and the admission of torture statements into evidence. Simon M. Meisenberg is an Attorney-at-Law in Germany, formerly he was a Legal Advisor to the ECCC and a Senior Legal Officer at the Special Court for Sierra Leone. Ignaz Stegmiller is Coordinator for the International Programs of the Faculty of Law at the Franz von Liszt Institute for International and Comparative Law, Giessen, Germany.

Crime Without Borders

Author: Aaron Fichtelberg
Publisher: Prentice Hall
ISBN: 9780132319928
Size: 14.14 MB
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Crime Wthout Borders examines the globalization of crime and justice in today's contemporary society. It not only discusses the nuts and bolts of international crime and international law enforcement, but also raises abstract, theoretical issues for debate and asks critical questions about the best ways to think about international criminal justice problems. Throughout the book, it places global crime within the context of contemporary politics and current events. Hot topics such as terrorism, drug trafficking, and cybercrime are addressed throughout and connections between globalization, politics and criminal justice reflect the modern realities of international and transnational crime.

Hybrid Justice

Author: John D Ciorciari
Publisher: University of Michigan Press
ISBN: 0472119303
Size: 65.65 MB
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A definitive scholarly treatment of the ECCC from legal and political perspectives

Law At The Vanishing Point

Author: Aaron Fichtelberg
Publisher: Routledge
ISBN: 1317107659
Size: 78.76 MB
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Two central questions are at the core of international legal theory: 'What is international law?', and 'Is international law really law?' This volume examines these critical questions and the philosophical foundations of modern international law using the tools of Anglo-American legal theory and western political thought. Engaging with both contemporary and historical legal theory and with an analysis of international law in action, the book builds an understanding and theory of law from the perspective of those who actually use this legal system and understand it, rather than constructing an artificial system from the standpoint of political scientists and moral philosophers. Law at the Vanishing Point provides a fascinating new challenge to those who reduce international law either to ethics or to politics and provides a critical new appraisal of its power as an independent force in human social relations.

The Politics Of Victimhood In Post Conflict Societies

Author: Vincent Druliolle
Publisher: Springer
ISBN: 3319702025
Size: 26.33 MB
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This volume sheds new light upon the role of victims in the aftermath of violence. Victims are central actors in transitional justice, the politics of memory and conflict resolution, yet the analysis of their mobilisation and political influence in these processes has been neglected. After introducing and explaining the reasons for this limited interest, the book’s chapters focus on a range of settings and draw on different disciplines to offer insights into the interrelated themes of victimhood – victims, their individual and collective identities, and their role in and impact upon post-conflict societies – and the politics of victimhood – meaning how victimhood is defined, negotiated and contested, both socially and politically. Because it outlines a stimulating research agenda and challenges the view that victims are passive or apolitical, this interdisciplinary volume is a significant contribution to the literature and will be of interest to scholars from disciplines such as law, anthropology, political science, human rights, international studies, and to practitioners.

The Special Tribunal For Lebanon

Author: Amal Alamuddin
Publisher: OUP Oxford
ISBN: 0191511161
Size: 50.71 MB
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This book provides a full analytical overview of the establishment and functioning of the Special Tribunal for Lebanon, the newest and most controversial of the UN-sponsored international criminal courts. In 2005, Lebanese Prime Minister Rafic Hariri was assassinated in a huge blast that reverberated across Lebanon and the region. The Tribunal was established with a mandate to try the perpetrators of the Hariri killing, as well as those responsible for other killings that are 'connected' to this core crime. Individuals associated with the Hezbollah group have been indicted to be tried in the court in The Hague-but in their absence as their locations are unknown. The Tribunal is the UN's first attempt at addressing terrorism in an international criminal court, and the first attempt to set up international trials following crimes committed in the Middle East region. The court's narrow mandate and unique procedures have led many to question what kind of precedent it will set in a volatile region. This book looks at how the court was established, its foundational principles based on the Statute of the International Criminal Court and Lebanese domestic law, and the possible further development of its case law. It provides an authoritative guide to the procedure of the Tribunal,the status of the Registry, the rights of suspects and accused, trials in absentia, and the regulation of the conduct of counsel, drawing on comparisons to other international courts. The authors include those involved in setting up the court, prosecutors, defence counsel for the suspects, as well as judges and academic commentators who are experts on the issues covered in the book. They provide a probing insight into how the Tribunal came into being, its challenges, controversies, and its achievements to date.