Atrocity, Commerce and Accountability

Atrocity, Commerce and Accountability
Author:
Publisher:
Total Pages:
Release: 2013
Genre:
ISBN:

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In recent decades, the prospect of holding corporations and their representatives responsible for international crimes has emerged as an important component of a number of interlinked fields. While these ideas have become widely acknowledged, the scope of the relationship between commerce and international criminal justice has remained poorly understood among theorists and seldom implemented in practice. In large part, both these phenomena result from a lack of familiarity with the diverse fields one must traverse in order to speak with any degree of confidence about the role of international criminal justice as a means of regulating globalized markets. In what follows, I introduce how my work for the JSD has explored three different but necessary areas of law that underpin these analyses. Specifically, this final essay provides a narrative of how this work emerged for me, the normative hypotheses that have informed my JSD, and the three core projects I have undertaken in international criminal law, the theory of complicity, and corporate criminal liability to move this agenda forward.

Corporations, Accountability and International Criminal Law

Corporations, Accountability and International Criminal Law
Author: Kyriakakis, Joanna
Publisher: Edward Elgar Publishing
Total Pages: 320
Release: 2021-12-09
Genre: Law
ISBN: 0857939505

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This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice.

Law, Politics and the Limits of Prosecuting Mass Atrocity

Law, Politics and the Limits of Prosecuting Mass Atrocity
Author: Damien Rogers
Publisher: Springer
Total Pages: 249
Release: 2017-08-30
Genre: Political Science
ISBN: 3319609947

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This book offers a unique and powerful critique of the quest for international criminal justice. It explores the efforts of three successive generations of international prosecutors, recognising the vital roles they play in the enforcement of international criminal law. By critically examining prosecutorial performance during the pre-trial and trial phases, the volume argues that these prosecutors are simultaneously political actors serving in the interests of economic liberalisation. It also posits that international prosecutors help wage a mostly silent and largely unacknowledged politico-cultural war fought for control over the institutions governing modernist international affairs. As the author contends, international prosecutors are thus best understood as agents not only of the law and politics, but also of a war fought by proponents of various utopian projects.

Accountability for Human Rights Atrocities in International Law

Accountability for Human Rights Atrocities in International Law
Author: Steven R. Ratner
Publisher: OUP Oxford
Total Pages: 536
Release: 2009-01-29
Genre: Political Science
ISBN: 0191018678

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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.

Doing Justice to History

Doing Justice to History
Author: Barrie Sander
Publisher: Oxford University Press, USA
Total Pages: 385
Release: 2021-03-09
Genre: Law
ISBN: 0198846878

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This book examines how historical narratives of mass atrocites are constructed and contested within international criminal courts. In particular, it looks into the important question of what tends to be foregrounded, and what tends to be excluded, in these narratives.

Atrocities and International Accountability

Atrocities and International Accountability
Author: Edel Hughes
Publisher:
Total Pages: 340
Release: 2007
Genre: History
ISBN:

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Rebuilding societies where conflict has occurred is rarely a simple process. Where conflict has been accompanied by gross and systematic violations of human rights, the procedure becomes very controversial. The traditional debate on "transitional justice" sought to balance justice, truth, accountability, peace, and stability. The appearance of impunity for past crimes undermines confidence in new democratic structures and casts doubt upon commitments to human rights. Yet the need to consolidate peace sometimes resulted in reluctance on the part of authorities --both local and international --to confront suspected perpetrators of human rights violations, especially when they are a part of a peace process. Experience in many regions of the world therefore suggested a tradeoff between peace and justice. But that is changing. There is a growing consensus that some forms of justice and accountability are integral to --rather than in tension with --peace and stability. This volume considers whether we are truly going beyond the transitional justice debate. It brings together eminent scholars and practitioners with direct experience in some of the most challenging cases of international justice, and illustrates that justice and accountability remain complex, but not mutually exclusive, ideals.

Strategic Litigation and Corporate Complicity in Crimes Under International Law

Strategic Litigation and Corporate Complicity in Crimes Under International Law
Author: Kalika Mehta
Publisher: Taylor & Francis
Total Pages: 207
Release: 2023-10-09
Genre: Law
ISBN: 1000969932

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This book provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes. The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives. Innovatively, the book combines the concerns expressed by Third World Approaches to International Law with strategic litigation that focuses on the accountability of corporations for their complicity in crimes under international law. Analysing this litigation, the book demonstrates that, while it is crucial to highlight the blind spots of the international criminal legal framework, it is also important to take into account the practice of non-state actors engaged in leveraging its emancipatory potential. This original analysis of the implementation and legitimacy of international criminal law will be of interest to a wide range of scholars and activists working in relevant areas of law, politics, criminology and international relations.

Accounting

Accounting
Author: Paul-Joseph Esquerré
Publisher:
Total Pages: 392
Release: 1927
Genre: Corporations
ISBN:

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Pluralism in International Criminal Law

Pluralism in International Criminal Law
Author: Elies van Sliedregt
Publisher: OUP Oxford
Total Pages: 481
Release: 2014-10-02
Genre: Law
ISBN: 0191008281

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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Organized Crime and International Criminal Law

Organized Crime and International Criminal Law
Author: Kathrin Strobel
Publisher: BRILL
Total Pages: 302
Release: 2021-08-09
Genre: Law
ISBN: 9004462589

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This book presents the first comprehensive study of international criminal jurisdiction over organized crime and demonstrates the potential of international law to bring leaders of cartels and trafficking rings to justice.