Atrocity, Punishment, and International Law

Author: Mark A. Drumbl

Publisher: Cambridge University Press

ISBN: 1139464566

Category: Law

Page: N.A

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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.

Reimagining Child Soldiers in International Law and Policy

Author: Mark A. Drumbl

Publisher: OUP Oxford

ISBN: 0191627690

Category: Law

Page: 254

View: 7669

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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.

Atrocity Speech Law

Foundation, Fragmentation, Fruition

Author: Gregory S. Gordon

Publisher: Oxford University Press

ISBN: 0190612703

Category: History

Page: 224

View: 6622

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The law governing the relationship between speech and core international crimes a key component in atrocity prevention is broken. Incitement to genocide has not been adequately defined. The law on hate speech as persecution is split between the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Instigation is confused with incitement and ordering's scope is too circumscribed. At the same time, each of these modalities does not function properly in relation to the others, yielding a misshapen body of law riddled with gaps. Existing scholarship has suggested discrete fixes to individual parts, but no work has stepped back and considered holistic solutions. This book does. To understand how the law became so fragmented, it returns to its roots to explain how it was formulated. From there, it proposes a set of nostrums to deal with the individual deficiencies. Its analysis then culminates in a more comprehensive proposal: a "Unified Liability Theory," which would systematically link the core crimes of genocide, crimes against humanity, and war crimes with the four illicit speech modalities. The latter would be placed in one statutory provision criminalizing the following types of speech: (1) incitement (speech seeking but not resulting in atrocity); (2) speech abetting (non-catalytic speech synchronous with atrocity commission); (3) instigation (speech seeking and resulting in atrocity); and (4) ordering (instigation/incitement within a superior-subordinate relationship). Apart from its fragmentation, this body of law lacks a proper name as "Incitement Law" or "International Hate Speech Law," labels often used, fail to capture its breadth or relationship to mass violence. So this book proposes a new and fitting appellation: "atrocity speech law."

Transitional Justice

Author: Ruti G. Teitel

Publisher: Oxford University Press

ISBN: 019988224X

Category: Political Science

Page: 404

View: 6254

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At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.

International Criminal Law and Philosophy

Author: Larry May,Zachary Hoskins

Publisher: Cambridge University Press

ISBN: 0521191513

Category: Law

Page: 258

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International Criminal Law and Philosophy is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.

Accountability for Human Rights Atrocities in International Law

Beyond the Nuremberg Legacy

Author: Steven R. Ratner,Jason S. Abrams,James L. Bischoff

Publisher: Oxford University Press

ISBN: 0199546665

Category: History

Page: 483

View: 4389

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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.

The International Criminal Court and the Transformation of International Law

Justice for the New Millennium

Author: Leila Nadya Sadat

Publisher: Brill - Nijhoff

ISBN: N.A

Category: Law

Page: 566

View: 6847

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Professor Sadat's book is a valuable restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard GoldstonePublished under the Transnational Publishers imprint."

The Cambridge Companion to Human Rights Law

Author: Conor Gearty,Costas Douzinas

Publisher: Cambridge University Press

ISBN: 110701624X

Category: Law

Page: 355

View: 4985

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Captures the essence of the multi-layered subject of human rights law in a way that is authoritative, critical and scholarly.

My Neighbor, My Enemy

Justice and Community in the Aftermath of Mass Atrocity

Author: Eric Stover,Harvey M. Weinstein

Publisher: Cambridge University Press

ISBN: 9780521542647

Category: Law

Page: 349

View: 7260

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My Neighbour, My Enemy tackles a crucial and highly topical issue - how do countries rebuild after ethnic cleansing and genocide? And what role do trials and tribunals play in social reconstruction and reconciliation. By talking with people in Rwanda and the former Yugoslavia and carrying out extensive surveys, the authors explore what people think about their past and the future. Their conclusions controversially suggest that international or local trials have little relevance to reconciliation. Communities understand justice far more broadly than it is defined by the international community and the relationship of trauma to a desire for trials is not clear-cut. The authors offer an ecological model of social reconstruction and conclude that coordinated multi-systemic strategies must be implemented if social repair is to occur. Finally, the authors suggest that while trials are essential to combat impunity and punish the guilty, their strengths and limitations must be acknowledged.

The Treatment of Prisoners Under International Law

Author: Nigel Rodley,Matt Pollard

Publisher: Oxford University Press on Demand

ISBN: 0199215073

Category: Law

Page: 697

View: 9166

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This book deals with atrocities that are committed against people who cannot defend themselves: torture, murder, enforced disappearance. It also deals with similar practices such as corporal punishment and the death penalty. It incorporates a lot of new material including treaties and case law from international and national courts.

Obeying Orders

Atrocity, Military Discipline and the Law of War

Author: Mark J. Osiel

Publisher: Routledge

ISBN: 1351502565

Category: Social Science

Page: 408

View: 2560

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A soldier obeys illegal orders, thinking them lawful. When should we excuse his misconduct as based in reasonable error? How can courts convincingly convict the soldier's superior officer when, after Nuremberg, criminal orders are expressed through winks and nods, hints and insinuations? Can our notions of the soldier's "due obedience," designed for the Roman legionnaire, be brought into closer harmony with current understandings of military conflict in the contemporary world? Mark J. Osiel answers these questions in light of new learning about atrocity and combat cohesion, as well as changes in warfare and the nature of military conflict. Sources of atrocity are far more varied than current law assumes, and such variations display consistent patterns. The law now generally requires that soldiers resolve all doubts about the legality of a superior's order in favor of obedience. It excuses compliance with an illegal order unless the illegality - as with flagrant atrocities - would be immediately obvious to anyone. But these criteria are often in conflict and at odds with the law's underlying principles and policies. Combat and peace operations now depend more on tactical imagination, self-discipline, and loyalty to immediate comrades than on immediate, unreflective adherence to the letter of superiors' orders, backed by threat of formal punishment. The objective of military law is to encourage deliberative judgment. This can be done, Osiel suggests, in ways that enhance the accountability of our military forces, in both peace operations and more traditional conflicts, while maintaining their effectiveness. Osiel seeks to "civilianize" military law while building on soldiers' own internal ideals of professional virtuousness. He returns to the ancient ideal of martial honor, reinterpreting it in light of new conditions, arguing that it should be implemented through realistic training in which legal counsel plays an enlarged role rather than by threat of legal prosecuti

Rules, Politics, and the International Criminal Court

Committing to the Court

Author: Yvonne Dutton

Publisher: Routledge

ISBN: 1134124392

Category: Political Science

Page: 216

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In this new work, Dutton examines the ICC and whether and how its enforcement mechanism influences state membership and the court’s ability to realize treaty goals, examining questions such as: Why did states decide to create the ICC and design the institution with this uniquely strong enforcement mechanism? Will the ICC’s enforcement mechanism be sufficient to hold states accountable to their commitment so that the ICC can realize its goal of ending impunity for genocide, crimes against humanity, and war crimes? Will states view the ICC’s enforcement mechanism as a credible threat and refuse to join unless they already have good domestic human rights practices and institutions that are independent and capable of prosecuting human rights abuses? If states that most need to improve their domestic legal practices as relates to protecting against human rights abuses do not join the court, is there any hope that the threat of punishment by the ICC can play a role in bettering state’s human rights practices and deterring individuals from committing mass atrocities? This work provides a significant contribution to the field, and will be of great interest to students and scholars of international law, international relations, international organizations and human rights.

Contested Justice

The Politics and Practice of International Criminal Court Interventions

Author: Christian De Vos,Sara Kendall,Carsten Stahn

Publisher: Cambridge University Press

ISBN: 1316483266

Category: Law

Page: N.A

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The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.

Moral Accountability and International Criminal Law

Holding Agents of Atrocity Accountable to the World

Author: Kirsten Fisher

Publisher: Routledge

ISBN: 1136633332

Category: Law

Page: 224

View: 8747

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"In the past couple of decades an autonomous international system of law has aggressively developed to deal with individual criminal responsibility for the most heinous of crimes. However, the development and application of the international criminal system is mired in criticism and concern. While international criminal law is playing an increasingly important role in global politics and issues of global security, normative theory has not kept pace with the advancements in this area of law. This book examines international criminal law (ICL) from a normative perspective, setting out how individuals ought to be held accountable to the world for their contribution to atrocity. In addition to addressing the normative basis for ICL, the book provides criteria for determining the kinds of actions that should be addressed through international criminal law. It asks, and answers, how individual responsibility can be determined in the context of collectively perpetrated political crimes and whether an international criminal justice system can claim universality in a culturally plural world. The book scrutinizes the function of ICL and finally considers how the goals and purpose of international law can be best institutionally supported"--

States of Denial

Knowing about Atrocities and Suffering

Author: Stanley Cohen

Publisher: John Wiley & Sons

ISBN: 0745656781

Category: Social Science

Page: 360

View: 4390

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Blocking out, turning a blind eye, shutting off, not wanting to know, wearing blinkers, seeing what we want to see ... these are all expressions of 'denial'. Alcoholics who refuse to recognize their condition, people who brush aside suspicions of their partner's infidelity, the wife who doesn't notice that her husband is abusing their daughter - are supposedly 'in denial'. Governments deny their responsibility for atrocities, and plan them to achieve 'maximum deniability'. Truth Commissions try to overcome the suppression and denial of past horrors. Bystander nations deny their responsibility to intervene. Do these phenomena have anything in common? When we deny, are we aware of what we are doing or is this an unconscious defence mechanism to protect us from unwelcome truths? Can there be cultures of denial? How do organizations like Amnesty and Oxfam try to overcome the public's apparent indifference to distant suffering and cruelty? Is denial always so bad - or do we need positive illusions to retain our sanity? States of Denial is the first comprehensive study of both the personal and political ways in which uncomfortable realities are avoided and evaded. It ranges from clinical studies of depression, to media images of suffering, to explanations of the 'passive bystander' and 'compassion fatigue'. The book shows how organized atrocities - the Holocaust and other genocides, torture, and political massacres - are denied by perpetrators and by bystanders, those who stand by and do nothing.

The Scene of the Mass Crime

History, Film, and International Tribunals

Author: Christian Delage,Peter Goodrich

Publisher: Routledge

ISBN: 1136330666

Category: History

Page: 248

View: 1967

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The Scene of the Mass Crime takes up the unwritten history of the peculiar yet highly visible form of war crimes trials. These trials are the first and continuing site of the interface of law, history and film. From Nuremberg to the contemporary trials in Cambodia, film, in particular, has been crucial both as evidence of atrocity and as the means of publicizing the proceedings. But what does film bring to justice? Can law successfully address war crimes, atrocities, genocide? What do the trials actually show? What form of justice is done, and how does it relate to ordinary courts and proceedings? What lessons can be drawn from this history for the very topical political issue of filming civil and criminal trials? This book takes up the diversity and complexity of these idiosyncratic and, in strict terms, generally extra-legal medial situations. Drawing on a fascinating diversity of public trials and filmic responses, from the Trial of the Gang of Four to the Gacaca local courts of Rwanda to the filmic symbolism of 9-11, from Soviet era show trials to Nazi People's Courts leading international scholars address the theatrical, political, filmic and symbolic importance of show trials in making history, legitimating regimes and, most surprising of all, in attempting to heal trauma through law and through film. These essays will be of considerable interest to those working on international criminal law, transitional justice, genocide studies, and the relationship between law and film.

Atrocities on Trial

Historical Perspectives on the Politics of Prosecuting War Crimes

Author: Patricia Heberer,J_rgen MatthÜus

Publisher: U of Nebraska Press

ISBN: 0803210841

Category: History

Page: 327

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These essays are organised into four sections, dealing with the history of war crime trials from Weimar Germany to just after World War II, the sometimes diverging Allied attempts to come to terms with the Nazi concentration camp system, the ability of postwar societies to confront war crimes of the past and the legacy of war crime trials.

The Genocide Contagion

How We Commit and Confront Holocaust and Genocide

Author: Israel W. Charny

Publisher: Rowman & Littlefield

ISBN: 144225436X

Category: Religion

Page: 252

View: 9963

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In The Genocide Contagion, esteemed scholar of genocide Israel W. Charny asks uncomfortable questions about what allows people to participate in genocide—either directly or indirectly. Charny draws on both historical and current examples to press readers to consider how they may contribute to genocide in other countries.

International Law and the Protection of Humanity

Essays in Honor of Flavia Lattanzi

Author: Pia Acconci,David Donat Cattin,Antonio Marchesi,Giuseppe Palmisano,Valeria Santori

Publisher: Martinus Nijhoff Publishers

ISBN: 9004269509

Category: Law

Page: 584

View: 9140

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This challenging volume contains articles by a wide variety of well-known scholars and practitioners, and deals with human rights, international humanitarian law, international criminal law and humanitarian assistance, as well as other areas of international law relating to the protection of humanity. These are topics to which Flavia Lattanzi, in whose honour the volume is being published, has made an outstanding contribution and to which she has given her determined and unrelenting professional and personal commitment. As a former Professor at the Universities of Pisa, Sassari, Teramo and Roma Tre and as Judge ad litem at the International Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia, she has adhered constantly to a number of important principles, as reflected in the research contained in this volume. They include the firm conviction that respect for human rights is an indispensable precondition for durable peace; the notion that grave breaches of human rights, including the refusal to provide assistance to populations in distress, can imply a threat to international peace and security; and that guarantees against human rights violations include the question of the punishment of core crimes under International Law.