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The impact of human rights prosecutions : insights from European, Latin American, and African post-conflict societies
Authors: ---
ISBN: 9462702497 Year: 2020 Publisher: Leuven : Leuven University Press,

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Human rights prosecutions are the most prominent mechanisms that victims demand to obtain accountability. Dealing with a legacy of gross human rights violations presents opportunities to enhance the right to justice and promote a more equal application of criminal law, a fundamental condition for a more substantive democracy in societies. This book seeks to analyse the impact, advances, and difficulties of prosecuting perpetrators of mass atrocities at national and international levels. What role does criminal justice play in redressing victims' wrongs, guaranteeing the non-repetition of mass atrocities, and attempting to overcome the damage caused by systematic human rights violations? This volume addresses critical issues in the field of human rights prosecution by drawing on the experiences of a variety of post-conflict and authoritarian countries covering three world regions. Contributing authors cover prosecutions in post-Nazi Germany, post-Communist Romania, and transnational legal complaints by victims of the Franco dictatorship, as well as domestic and third-country prosecutions for human rights violations in the pioneering South American countries of Argentina, Chile, Peru, and Uruguay, prosecutions in Darfur and Kenya, and the work of the International Criminal Court. The Impact of Human Rights Prosecutions offers insights into the difficulties human rights trials face in different contexts and regions, and also illustrates the development of these legal procedures over time. The volume will be of interest to human rights scholars as well as legal practitioners, participants, justice system actors, and policy makers.


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The Tokyo war crimes tribunal : law, history, and jurisprudence
Authors: ---
ISBN: 9781107119703 Year: 2018 Publisher: Cambridge, United Kingdom ; New York, NY, USA : Cambridge niversity press,

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The Tokyo War Crimes Tribunal: Like its Nuremberg counterpart, the Tokyo Trial was foundational in the field of international law. However, up to now, the persistent notion of "victor's justice" in the existing historical literature has made it difficult to treat it as such. David Cohen and Yuma Totani seek to redress this by cutting through persistent orthodoxies and ideologies that have plagued the trial. Instead they present it simply as a judicial process, and in so doing reveal its enduring importance for international jurisprudence. A wide range of primary sources are considered, including court transcripts, court exhibits, the majority judgment, and five separate concurring and dissenting opinions. The authors also provide comparative analysis of the Allied trials at Nuremberg, resulting in a comprehensive and empirically grounded study of the trial. The Tokyo Tribunal was a watershed moment in the history of the Asia-Pacific region. This ground-breaking study reveals it is of continuing relevance today. --


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Justice Behind the Iron Curtain : Nazis on Trial in Communist Poland
Authors: ---
ISBN: 1442625384 1442625376 1442637455 1487522681 Year: 2018 Publisher: Toronto : University of Toronto Press,

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Gabriel N. Finder and Alexander V. Prusin examine Poland's role in prosecuting Nazi German criminals during the first decade and a half of the postwar era. Finder and Prusin contend that the Polish trials of Nazi war criminals were a pragmatic political response to postwar Polish society and Poles' cravings for vengeance against German Nazis. Although characterized by numerous inconsistencies, Poland's prosecutions of Nazis exhibited a fair degree of due process and resembled similar proceedings in Western democratic counties. The authors examine reactions to the trials among Poles and Jews. Although Polish-Jewish relations were uneasy in the wake of the extremely brutal German wartime occupation of Poland, postwar Polish prosecutions of German Nazis placed emphasis on the fate of Jews during the Holocaust. Justice Behind the Iron Curtain is the first work to approach communist Poland's judicial postwar confrontation with the legacy of the Nazi occupation.

Trial justice: the International Criminal Court and the Lord's Resistance Army
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ISBN: 1842777378 9781842777374 184277736X 9781842777367 Year: 2006 Publisher: London Zed


Book
The Tokyo War Crimes Tribunal : law, history, and jurisprudence
Authors: ---
ISBN: 1108679730 1316348652 1107119707 1108820689 1108577512 Year: 2018 Publisher: Cambridge : Cambridge University Press,

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Abstract

Like its Nuremberg counterpart, the Tokyo Trial was foundational in the field of international law. However, until now, the persistent notion of 'victor's justice' in the existing historical literature has made it difficult to treat it as such. David Cohen and Yuma Totani seek to redress this by cutting through persistent orthodoxies and ideologies that have plagued the trial. Instead they present it simply as a judicial process, and in so doing reveal its enduring importance for international jurisprudence. A wide range of primary sources are considered, including court transcripts, court exhibits, the majority judgment, and five separate concurring and dissenting opinions. The authors also provide comparative analysis of the Allied trials at Nuremberg, resulting in a comprehensive and empirically grounded study of the trial. The Tokyo Tribunal was a watershed moment in the history of the Asia-Pacific region. This groundbreaking study reveals it is of continuing relevance today.


Book
National trials of international crimes in Bangladesh : transitional justice as reflected in judgments
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ISBN: 9004389385 9004389377 Year: 2019 Publisher: Leiden : Brill Nijhoff,

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In National Trials of International Crimes in Bangladesh , Professor Islam examines the judgments of the trials held under a domestic legislation, which is uniquely distinct from international or hybrid trials of international crimes. The book, falling under international criminal law area, is a ground-breaking original work on the first ever such trials in the ICC era. The author shows how the national law and judgments can act as a conduit to import international law to enrich and harmonise the domestic law of Bangladesh; and whether the Bangladesh experience (a) creates any precedential effect for such trials in the future; (b) offers any lessons for the ICC complementarity; and (c) contributes to the progressive development of Asian and international criminal jurisprudence.


Book
Gender, shame and sexual violence : the voices of witnesses and court members at war crimes tribunals.
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ISBN: 9781409419990 9781409420002 Year: 2011 Publisher: Aldershot Ashgate

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The edge of law : legal geographies of a war crimes court
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ISBN: 1108196438 1108186017 110818801X 1107199840 Year: 2020 Publisher: Cambridge : Cambridge University Press,

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The Edge of Law explores the spatial implications of establishing a new legal institution in the wake of violent conflict. Using the example of the establishment of the War Crimes Chamber of the Court of Bosnia and Herzegovina, Alex Jeffrey argues that legal processes constantly demarcate a line of inclusion and exclusion: materially, territorially and corporally. In contrast to accounts that have focused on the judicial outcomes of these transitional justice efforts, The Edge of Law draws on long-term fieldwork in Bosnia and Herzegovina to focus on the social and political consequences of the trials, tracing the fraught mechanisms that have been used by international and local political elites to convey their legitimacy. This book will be of interest to socio-legal and geographical scholars working in the fields of transitional justice, legal systems, critical geopolitics and criminology.


Book
Rückblende : NS-Prozesse in die mediale Repräsentation der Vergangenheit in Belgien und den Niederlanden
Authors: ---
ISBN: 9783830921325 3830921322 Year: 2009 Volume: 45 Publisher: Münster [etc.] Waxmann


Book
The president on trial : prosecuting Hissène Habré
Authors: --- ---
ISBN: 0191890812 019260225X 0192602268 Year: 2020 Publisher: Oxford, England : Oxford University Press,

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By some accounts, the trial and conviction of Hissène Habré is the most significant achievement global criminal justice has enjoyed in the past decade. Simply creating a court and commencing a trial against a deposed head of state was an extraordinary success. The ad hoc tribunal set up in Senegal exceeded expectations, working on time, within budget, with no murdered witnesses or self-dealing officials. This achievement is particularly meaningful in the current climate, where we are witnessing a 'backlash' against international criminal justice. This book presents the Habré trial and its impact using a novel structure of first person accounts and academic analysis, presenting both local and international perspectives through distinct but inter-locking parts. It offers empirical source material followed by expert analysis.

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