Realizing Reparative Justice for International Crimes

Realizing Reparative Justice for International Crimes PDF

Author: Miriam Cohen

Publisher: Cambridge University Press

Published: 2020-07-02

Total Pages: 287

ISBN-13: 1108597084

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This book provides a timely and systematic study of reparations in international criminal justice, going beyond a theoretical analysis of the system established at the International Criminal Court (ICC). It originally engages with recent decisions and filings at the ICC relating to reparation and how the criminal and reparative dimensions of international criminal justice can be reconciled. This book is equally innovative in its extensive treatment of the significant challenges of adjudicating on reparations, and proposing recommendations based on concrete experiences. With recent and imminent decisions from the ICC, and developments in national courts and beyond, Miriam Cohen provides a critical analysis of the theory and emerging jurisprudence of reparations for international crimes, their impact on victims and stakeholders.

Realizing Reparative Justice for International Crimes

Realizing Reparative Justice for International Crimes PDF

Author: Miriam Cohen

Publisher:

Published: 2020

Total Pages:

ISBN-13: 9781108622851

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"The concept of justice, in all its dimensions1, is one of the most ancient, complex, and controversial notions known to humanity. Yet, horrific crimes and mass victimization have remained a defining feature of humankind. In the past, this criminal conduct has been met with a variety of responses, most of which claim to fit within a narrative of "justice""--

Beyond Punishment: Achieving International Criminal Justice

Beyond Punishment: Achieving International Criminal Justice PDF

Author: M. Findlay

Publisher: Springer

Published: 2009-11-30

Total Pages: 313

ISBN-13: 0230250564

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International criminal justice is challenged to better reflect legitimate victim interest. This book provides a framework for achieving synthesis between restorative and retributive dimensions within international criminal trials in order to achieve the peace-making aspirations of the International Criminal Court.

The Politics of International Criminal Law

The Politics of International Criminal Law PDF

Author: Holly Cullen

Publisher: BRILL

Published: 2020-12-15

Total Pages: 407

ISBN-13: 9004372490

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The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.

Practices of Reparations in International Criminal Justice

Practices of Reparations in International Criminal Justice PDF

Author: Christoph Sperfeldt

Publisher: Cambridge University Press

Published: 2022-07-07

Total Pages: 391

ISBN-13: 1009178814

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Combining interdisciplinary techniques with original ethnographic fieldwork, Christoph Sperfeldt examines the first attempts of international criminal courts to provide reparations to victims of mass atrocities. The observations focus on two case studies: the Extraordinary Chambers in the Courts of Cambodia, where Sperfeldt spent over ten years working at and around, and the International Criminal Court's interventions in the Democratic Republic of Congo. Enriched with first-hand observations and an awareness of contextual dynamics, this book directs attention to the 'social life of reparations' that too often get lost in formal accounts of law and its institutions. Sperfeldt shows that reparations are constituted and contested through a range of practices that produce, change, and give meaning to reparations. Appreciating the nature and effects of these practices provides us with a deeper understanding of the discrepancies that exist between the reparations ideal and how it functions imperfectly in different contexts.

Handbook on Restorative Justice Programmes

Handbook on Restorative Justice Programmes PDF

Author: Yvon Dandurand

Publisher: United Nations Publications

Published: 2006

Total Pages: 0

ISBN-13: 9789211337549

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The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community

Victims Before the International Criminal Court

Victims Before the International Criminal Court PDF

Author: Christoph Safferling

Publisher: Springer Nature

Published: 2021-09-16

Total Pages: 390

ISBN-13: 3030801772

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The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.

The International Criminal Court and Complementarity

The International Criminal Court and Complementarity PDF

Author: Carsten Stahn

Publisher: Cambridge University Press

Published: 2011-10-06

Total Pages: 1293

ISBN-13: 1316139506

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This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.

Changing Actors in International Law

Changing Actors in International Law PDF

Author: Karen N. Scott

Publisher: BRILL

Published: 2020-11-04

Total Pages: 443

ISBN-13: 9004424156

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Changing Actors in International Law explores actors other than the ‘state’ in international law focusing on under-researched actors (quasi-states, trans-government networks, Indigenous Peoples, self-determination claimant groups) as well the less well studied aspects of otherwise well-researched actors (individuals, corporations, NGOs, armed organised groups).

Transitional Justice

Transitional Justice PDF

Author: Gerhard Werle

Publisher: Springer Nature

Published: 2022-09-08

Total Pages: 160

ISBN-13: 3662651513

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The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).