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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.
Human rights --- Crimes against humanity. --- Criminal justice, Administration of. --- War crimes trials. --- War crimes trials.
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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. --
Tokyo Trial, Tokyo, Japan, 1946-1948. --- Tōkyō, Procès de (1946-1948) --- War crimes trials --- Crimes de guerre --- History --- Procès
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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.
Holocaust, Jewish (1939-1945) --- War crime trials --- History --- 1900-1999 --- Poland. --- Holocaust. --- Jewish. --- Nazism. --- World War II. --- communism. --- law. --- memory. --- postwar. --- war crimes trials.
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Criminal law. Criminal procedure --- Law of armed conflicts. Humanitarian law --- International Criminal Court --- Uganda --- Children --- Enfants, Crimes contre les --- Crimes against --- International Criminal Court. --- Lord's Resistance Army --- War crimes trials. --- Ouganda --- History --- Histoire
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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.
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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.
War crimes trials --- Transitional justice --- Crimes against humanity --- Judgments --- Court decisions --- Court rulings --- Civil procedure --- Courts --- Criminal procedure --- Estoppel --- Judges --- Judicial process --- Jurisdiction --- Stare decisis --- Crime --- International crimes --- Genocide --- War crimes --- Justice --- Human rights
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Comfort women --- International criminal courts --- Rape as a weapon of war --- Sex crimes --- Sexual abuse victims --- War crimes trials --- War crimes --- Legal status, laws, etc --- History --- History --- History --- History --- History --- History --- History
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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.
Bosnia and Herzegovina --- Politics and government --- War crimes trials --- Geopolitics --- Hybrid international criminal courts --- Courts of special jurisdiction --- Bosnia and Herzegovina. --- Courts of limited jurisdiction --- Limited jurisdiction, Courts of --- Special jurisdiction, Courts of --- Courts --- Jurisdiction --- Hybrid criminal courts, International --- Internationalized criminal courts --- Mixed criminal courts, International --- Mixed international criminal courts --- International criminal courts --- World politics
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History of the law --- Journalism --- History of Europe --- anno 1940-1949 --- anno 1960-1969 --- anno 1950-1959 --- War crime trials --- National socialism --- World War, 1939-1945 --- Procès (Crimes de guerre) --- Nazisme --- 2ème guerre mondiale --- Historiography. --- Atrocities. --- Historiographie --- Atrocités --- Germany --- Belgium --- Netherlands --- Allemagne --- Belgique --- Pays-Bas --- Foreign public opinion, Belgian. --- Foreign public opinion, Dutch. --- History --- Opinion publique belge --- Opinion publique néerlandaise --- Histoire --- War crimes trials. --- Procès (Crimes de guerre) --- 2ème guerre mondiale --- Atrocités --- Opinion publique néerlandaise
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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.
Trials (Crimes against humanity) --- Presidents --- Political crimes and offenses --- Habré, Hissein --- Trials, litigation, etc. --- Chambres africaines extraordinaires. --- Chad --- Politics and government --- Habré, Hissein. --- Habré, Hissène --- Ḥabrī, Ḥusayn --- حبري, حسين --- War crimes trials --- Crimes against humanity (International law) --- Crimes against humanity --- War crimes --- History --- Offenses against the State --- Offenses, Political --- Political offenses --- State, Offenses against the --- Crime --- Extradition --- Political violence --- Subversive activities --- International crimes --- Genocide --- International criminal law --- War crime trials --- CAE --- Extraordinary African Chambers
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