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| Author | : Carsten Stahn |
| Publisher | : Torkel Opsahl Academic EPublisher |
| Total Pages | : 4 |
| Release | : 2015-05-29 |
| Genre | : Law |
| ISBN | : 8283480057 |
| Author | : Janine Natalya Clark |
| Publisher | : |
| Total Pages | : 266 |
| Release | : 2015-09-08 |
| Genre | : Law |
| ISBN | : 9781138999206 |
Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY). Using detailed empirical data in the form of qualitative interviews and observations from five years of fieldwork to assess and analyze the ICTY s impact on reconciliation in Bosnia-Hercegovina, Croatia and Kosovo, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the former Yugoslavia argues that reconciliation is not a realistic aim for a criminal court. They are, Janine Clark argues, only one part of a rich tapestry of justice, which must also include non-retributive transitional justice processes and mechanisms. Challenging many of the common yet untested assumptions about the benefits of criminal trials, this innovative and extremely timely monograph will be invaluable for those with interests in the theory and practice of transitional justice. "
| Author | : Phenyo Keiseng Rakate |
| Publisher | : |
| Total Pages | : 46 |
| Release | : 1999 |
| Genre | : Criminal justice, Administration of |
| ISBN | : |
| Author | : Janine Natalya Clark |
| Publisher | : Routledge |
| Total Pages | : 266 |
| Release | : 2014-06-20 |
| Genre | : Law |
| ISBN | : 1317974751 |
Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY). Using detailed empirical data – in the form of qualitative interviews and observations from five years of fieldwork – to assess and analyze the ICTY’s impact on reconciliation in Bosnia-Hercegovina, Croatia and Kosovo, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the former Yugoslavia argues that reconciliation is not a realistic aim for a criminal court. They are, Janine Clark argues, only one part of a rich tapestry of justice, which must also include non-retributive transitional justice processes and mechanisms. Challenging many of the common yet untested assumptions about the benefits of criminal trials, this innovative and extremely timely monograph will be invaluable for those with interests in the theory and practice of transitional justice.
| Author | : Roberto Bellelli |
| Publisher | : Routledge |
| Total Pages | : 706 |
| Release | : 2016-04-22 |
| Genre | : Law |
| ISBN | : 1317114280 |
This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.
| Author | : Catherine Lu |
| Publisher | : Cambridge University Press |
| Total Pages | : 337 |
| Release | : 2017-11-16 |
| Genre | : Law |
| ISBN | : 1108420117 |
This book examines how justice and reconciliation in world politics should be conceived in response to the injustice and alienation of modern colonialism?
| Author | : Gideon Boas |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 318 |
| Release | : 2017-04-28 |
| Genre | : Law |
| ISBN | : 1785360639 |
This book explores crucial themes in international criminal justice. It starts by answering the searching question: what is international criminal justice? The book then considers the role and impact of politics, history, psychology, terrorism, transitioning society, and even the idea of hope, and the relationship of these themes with how we understand international criminal justice. While addressing some crucial legal questions, International Criminal Justice goes further, drawing on a range of multi-disciplinary thinking.
| Author | : Melanie Klinkner |
| Publisher | : Routledge |
| Total Pages | : 287 |
| Release | : 2019-07-26 |
| Genre | : Law |
| ISBN | : 1317335082 |
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.
| Author | : Martina Fischer |
| Publisher | : Routledge |
| Total Pages | : 287 |
| Release | : 2015-11-06 |
| Genre | : Law |
| ISBN | : 1317529561 |
Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.
| Author | : |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2014 |
| Genre | : |
| ISBN | : |
Announcement July 1 International Conference Announcement International Criminal Justice, Reconciliation and Peace in Africa: the ICC and Beyond Date: July 10-12, 2014; Venue: Dakar The Council for the Development of Social Science Research in Africa and the Social Science Research Council's African Peacebuilding Network are pleased to announce a conference on the theme International Criminal Just. [...] The conference organized with contributions from CDD West Africa and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law is the first part of a two-phase programme on International Criminal Justice, Reconciliation and Peace in Africa: the ICC and Beyond, which will eventually include a three-year research and policy engagement segment. [...] The programme is founded on the observation that the ICC has captured the imagination of many on the continent and come to represent for various parties either the epitome of many of the things that are wrong with the international justice system or a key instrument in the prevention of gross human rights violations in Africa and the promotion of access to justice for its victims. [...] The broad goal of the programme is to significantly improve the quality of scholarship, debates and policy on while further democratizing the nature of conversations on international justice, peace and reconciliation in Africa through conferences, the conduct and dissemination of studies and policy engagement. [...] Participants will also explore the extent to which the ICC's indictments betray partiality against Africans and against certain parties in situation countries, the degree to which the ICC de-politicizes and de-historicises African human rights abuses and the impact of these actions on the search for justice, peace and reconciliation on the continent.
