Law Politics And The Limits Of Prosecuting Mass Atrocity PDF Download
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Author | : Damien Rogers |
Publisher | : Springer |
Total Pages | : 249 |
Release | : 2017-08-30 |
Genre | : Political Science |
ISBN | : 3319609947 |
Download Law, Politics and the Limits of Prosecuting Mass Atrocity Book in PDF, ePub and Kindle
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.
Author | : Damien Rogers |
Publisher | : Springer |
Total Pages | : 485 |
Release | : 2022-03-20 |
Genre | : Law |
ISBN | : 9789811621154 |
Download Human Rights in War Book in PDF, ePub and Kindle
This volume is the most comprehensive and up-to-date compilation of in-depth analyses on human rights violations committed in war. It offers myriad perspectives on the content and application of legal protections offered to civilians, including women, children and the elderly, and to others who are ‘no longer active in the fight.’ A series of carefully researched case studies illustrates the extent to which human rights violations occur in recent and current armed conflict, and signals the ways in which these violations are dealt with. Each of the contributing authors has been selected on the basis of their international academic reputation and/or professional standing within the human rights field. Given the alarming numbers of people harmed in recent and current armed conflict, this book will be of great interest to researchers, policymakers and opinion-shapers alike.
Author | : Jennifer Trahan |
Publisher | : Cambridge University Press |
Total Pages | : 375 |
Release | : 2020-08-13 |
Genre | : Law |
ISBN | : 1108487017 |
Download Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes Book in PDF, ePub and Kindle
The book outlines legal limits to the veto power of UN Security Council permanent members while atrocity crimes are occurring.
Author | : |
Publisher | : |
Total Pages | : |
Release | : 2016 |
Genre | : |
ISBN | : 9780896047167 |
Download Fundamentals of Genocide and Mass Atrocity Prevention Book in PDF, ePub and Kindle
Author | : Randle C. DeFalco |
Publisher | : Cambridge University Press |
Total Pages | : 313 |
Release | : 2022-03-17 |
Genre | : Law |
ISBN | : 1108487416 |
Download Invisible Atrocities Book in PDF, ePub and Kindle
This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.
Author | : Mark J. Osiel |
Publisher | : Routledge |
Total Pages | : 555 |
Release | : 2017-07-05 |
Genre | : Social Science |
ISBN | : 1351502565 |
Download Obeying Orders Book in PDF, ePub and Kindle
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
Author | : Oumar Ba |
Publisher | : Cambridge University Press |
Total Pages | : 207 |
Release | : 2020-07-02 |
Genre | : Law |
ISBN | : 1108806082 |
Download States of Justice Book in PDF, ePub and Kindle
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.
Author | : Mark J. Osiel |
Publisher | : Routledge |
Total Pages | : 480 |
Release | : 2017-07-12 |
Genre | : History |
ISBN | : 1351506676 |
Download Mass Atrocity, Collective Memory, and the Law Book in PDF, ePub and Kindle
Trials of those responsible for large-scale state brutality have captured public imagination in several countries. Prosecutors and judges in such cases, says Osiel, rightly aim to shape collective memory. They can do so hi ways successful as public spectacle and consistent with liberal legality. In defending this interpretation, he examines the Nuremburg and Tokyo trials, the Eicnmann prosecution, and more recent trials in Argentina and France. Such trials can never summon up a "collective conscience" of moral principles shared by all, he argues. But they can nonetheless contribute to a little-noticed kind of social solidarity. To this end, writes Osiel, we should pay closer attention to the way an experience of administrative massacre is framed within the conventions of competing theatrical genres. Defense counsel will tell the story as a tragedy, while prosecutors will present it as a morality play. The judicial task at such moments is to employ the law to recast the courtroom drama in terms of a "theater of ideas," which engages large questions of collective memory and even national identity. Osiel asserts that principles of liberal morality can be most effectively inculcated in a society traumatized by fratricide when proceedings are conducted in this fashion. The approach Osiel advocates requires courts to confront questions of historical interpretation and moral pedagogy generally regarded as beyond their professional competence. It also raises objections that defendants' rights will be sacrificed, historical understanding distorted, and that the law cannot willfully influence collective memory, at least not when lawyers acknowledge this aim. Osiel responds to all these objections, and others. Lawyers, judges, sociologists, historians, and political theorists will find this a compelling contribution to debates on the meaning and consequences of genocide.
Author | : Mark Osiel |
Publisher | : Cambridge University Press |
Total Pages | : 277 |
Release | : 2009-07-31 |
Genre | : Law |
ISBN | : 0521861853 |
Download Making Sense of Mass Atrocity Book in PDF, ePub and Kindle
This book trenchantly diagnoses the law's limits in making sense of mass atrocity.
Author | : Mark Kersten |
Publisher | : Oxford University Press |
Total Pages | : 273 |
Release | : 2016-08-04 |
Genre | : Law |
ISBN | : 0191082945 |
Download Justice in Conflict Book in PDF, ePub and Kindle
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.