Prosecuting Serious Human Rights Violations

Author: Anja Seibert-Fohr
Publisher: Oxford University Press
ISBN: 0199569320
Size: 70.45 MB
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Is there a duty to prosecute serious human rights violations? This book examines this issue, drawing on international human rights instruments and case law. It finds flaws in the current prosecution of these crimes and develops proposals for improvement. Featuring in-depth analysis of trials, amnesties and impunity, it is a unique reference work.

The Rights Of Victims In Criminal Justice Proceedings For Serious Human Rights Violations

Author: Juan Carlos Ochoa S.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004212167
Size: 35.69 MB
Format: PDF
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In The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations, Juan Carlos Ochoa offers a systematic analysis of international and comparative domestic law on the position of the victim in the prosecution of these infringements, points to the deficiencies of the current state of customary international law, and proposes specific reforms.

Universal Jurisdiction In Modern International Law

Author: Mitsue Inazumi
Publisher: Intersentia nv
ISBN: 9050953662
Size: 59.43 MB
Format: PDF, Docs
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This study is based on the following questions: Which Jurisdiction can and should be exercised for the prosecution of individuals responsible for gross and serious violations of human rights? And especially, in this regard, what is the role of universal jurisdiction? In explaining the modern jurisdictional regime, this study illuminates the historical phenomenon of the 'expansion' of jurisdiction in Chapter II, and conducts in-depth research particularly into universal jurisdiction in Chapter III and IV. This study explicates the notion of universal jurisdiction in history and in theory, categorizing its nature by two aspects (permissive or obligatory, and supplemental or primary), and underscores the differences between ordinary universal jurisdiction and universal jurisdiction in absentia. Having made an analysis on the legality of jurisdiction, this study has proceeded to examine the appropriateness of exercising jurisdiction. Noting the danger of conflicts of jurisdiction, Chapter V attempts to compile some guiding rules that can be utilised in determining the appropriateness of jurisdiction, thus answering the question of 'Which jurisdiction should be exercised?'. Chapter VI then applies these guiding rules to non-territorial jurisdiction, namely universal jurisdiction. The observations deduced from the application of the guiding rules demonstrates, together with the analysis of the legality of universal jurisdiction in Chapter IV, the role of universal jurisdiction within the modern jurisdictional regime.

Prosecuting Heads Of State

Author: Ellen L. Lutz
Publisher: Cambridge University Press
ISBN: 0521491096
Size: 51.90 MB
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The meteoric rise in criminal prosecutions of former heads of state is examined for the first time in this probing and engaging narrative.

Rwanda S Gacaca Courts

Author: Paul Christoph Bornkamm
Publisher: Oxford University Press
ISBN: 0199694478
Size: 64.92 MB
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Originally presented as the author's thesis (doctoral)--Humboldt University of Berlin, 2009.

Supranational Criminal Law

Author: Roelof Haveman
Publisher: Intersentia nv
ISBN: 905095314X
Size: 13.43 MB
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What exactly is the context in which all aspects of this new field of criminal law have to be interpreted? What does the principle of legality mean in the context of supranational criminal law? Which tradition lies at the basis of this new law system? Is supranational criminal law as it grows the result of a deliberate policy, tending towards a coherent system? Or is it merely the result of crisis management? Those are some of the questions that are highlighted in this first volume of the Supranational Criminal Law series.

Rule Of Law Tools For Post Conflict States

Publisher: United Nations Publications
ISBN: 9789211541724
Size: 27.28 MB
Format: PDF, Docs
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Countries emerging from conflict often suffer weak or non-existent rule of law, inadequate law enforcement and justice administration capacity, and increased instances of human rights violations. This situation is often exacerbated by a lack of public confidence in State authorities and a shortage of resources. These rule-of-law tools will provide practical guidance to field missions and transitional administrations in critical transitional justice and rule of law-related areas. This publication specifically sets out basic considerations on prosecution initiatives, and is intended to assist United Nations field staff when advising on approaches to addressing the challenges of prosecuting perpetrators of crimes such as genocide, crimes against humanity and war crimes.