International Crimes and Other Gross Human Rights Violations

International Crimes and Other Gross Human Rights Violations
Author: Alette Smeulers
Publisher: Martinus Nijhoff Publishers
Total Pages: 553
Release: 2011-07-27
Genre: Law
ISBN: 9004208046

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An interdisciplinary approach to international crimes as genocide, crimes against humanity, war crimes and other gross human rights violations for students, scholars, professionals and practitioners to get an insight in the roles of perpetrators and bystanders.

Promoting Accountability under International Law for Gross Human Rights Violations in Africa

Promoting Accountability under International Law for Gross Human Rights Violations in Africa
Author: Charles Chernor Jalloh
Publisher: BRILL
Total Pages: 657
Release: 2015-07-16
Genre: Law
ISBN: 9004271759

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Promoting Accountability under International Law for Gross Human Rights Violations in Africa reflects primarily upon the work of the International Criminal Tribunal for Rwanda in challenging impunity for serious crimes committed in Rwanda in 1994. The authors, among whom are leading scholars and practitioners of international law, draw lessons for future tribunals such as the permanent International Criminal Court.

The Prevention of Gross Human Rights Violations Under International Human Rights Law

The Prevention of Gross Human Rights Violations Under International Human Rights Law
Author: Nienke van der Have
Publisher: Springer
Total Pages: 267
Release: 2017-12-29
Genre: Law
ISBN: 9462652317

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This book contains a systematic assessment of the content and scope of obligations to prevent gross human rights violations. There has been a great deal of attention for concepts aiming to prevent gross human rights violations, such as conflict prevention and the responsibility to protect. Yet despite this shift in attention towards prevention, it has remained unclear what legal obligations states have to prevent gross human rights violations under international human rights law. The focus in this book is on three specific types of injury prohibited under international human rights law: torture, arbitrary death and genocide. Further distinctions are made between four temporal phases (long-term prevention, short-term prevention, preventing continuation, preventing recurrence) and territorial and extraterritorial obligations. The structure of the book allows academics and practitioners to learn about obligations to prevent gross human rights violations in a general sense, as well as find targeted information on the content and scope of obligations in specific settings. Nienke van der Have recently completed her Ph.D. at the Amsterdam Center for International Law, which forms part of the University of Amsterdam’s Faculty of Law, and currently works as Senior legal specialist at the department of Constitutional Affairs and Legislation of the Ministry of the Interior and Kingdom Relations of The Netherlands.

Out of the Ashes

Out of the Ashes
Author: Koen Feyter
Publisher: Intersentia nv
Total Pages: 543
Release: 2005
Genre: Crimes against humanity
ISBN: 9050954510

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Over the last decade, the issue of reparation for victims of gross and systematic human rights violations has given rise to intense debates at the national and the international level. Discussions particularly arise in post-conflict situations characterised by serious violations of human rights, such as genocide, crimes against humanity, war crimes, and other forms of injustice of the past. Crucial questions include: what harm inflicted to victims warrants reparation? when and how to repair the harm? who is eligible for reparation and who has the duty to repair? These and other questions raise many challenging issues for theory and practice. This volume contains the contributions presented at an international conference in Brussels, in February 2005, on the right to reparation for victims of serious human rights violations. It also includes the final report of a research project undertaken jointly at the Universities of Antwerp (UA) and Leuven (K.U.Leuven) between 2000 and 2004 on the right to reparation in international law for victims of gross and systematic human rights violations, both from a legal and a socio-political perspective. The present volume is aimed at academics, policy-makers, national and international courts and tribunals, the legal professions, and civil society at large.

The Right to The Truth in International Law

The Right to The Truth in International Law
Author: Melanie Klinkner
Publisher: Routledge
Total Pages: 287
Release: 2019-07-26
Genre: Law
ISBN: 1317335082

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The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.

Serious International Crimes, Human Rights, and Forced Migration

Serious International Crimes, Human Rights, and Forced Migration
Author: James C. Simeon
Publisher: Routledge
Total Pages: 481
Release: 2022-02-10
Genre: Law
ISBN: 1000539369

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This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.

Supranational Criminology

Supranational Criminology
Author: Alette Smeulers
Publisher: Intersentia NV
Total Pages: 618
Release: 2008
Genre: Law
ISBN:

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The study of international crimes - such as war crimes, crimes against humanity, and genocide - deserves to grow into a separate and fully fledged specialization within criminology, called supranational criminology. Supranational criminology entails the study of international crimes, behavior that shows affinity with these crimes, the causes and the situations in which they are committed, as well as interventions and their effectiveness. What exactly entails supranational criminology? What are international crimes? Should other forms of behavior also be qualified as international crimes? What are the specific characteristics of international crimes as forms of state sponsored or state facilitated crimes? Explanatory theories have to be developed which can be translated into testable hypotheses. Which theories from mainstream criminology can provide answers for the prevalence or causes of international crimes? Have the international courts and tribunals succeeded in their aim? This book repairs the fundamental and historical neglect of criminology and breaks out of a state of denial by putting international crimes on the criminological agenda.

International Law of Victims

International Law of Victims
Author: Carlos Fernández de Casadevante Romani
Publisher: Springer Science & Business Media
Total Pages: 279
Release: 2012-07-11
Genre: Law
ISBN: 3642281400

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After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states’ obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.

Redress for Victims of Crimes Under International Law

Redress for Victims of Crimes Under International Law
Author: Ilaria Bottigliero
Publisher: Springer
Total Pages: 320
Release: 2013-11-11
Genre: Law
ISBN: 9401760276

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Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims' redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims' redress.