الصفحة 1
الصفحة 1
International Prosecution of Human Rights Crimes
It is intended for a wide variety of readers: academics, all kinds of jurists, as well as human rights activists, who sometimes know more about the applicable law than the legal experts. It owes its existence to a paradox: On the one hand, new structures for dealing with the most serious international crimes are being put into place.
International criminal law : Using or abusing legality
Analyses the relationship between law and violence, the utility of law over violence and whether legality as an approach has an inherent disability in addressing mass violence as a crime. The study is located within international law and assesses whether prosecuting political violence would necessarily entail an abuse of the legal process. The intention is to encourage definition of criminal aggression via legal processes laid down by the International Criminal Court,
Individual Criminal Responsibility for Core International Crimes : Selected Pertinent Issues
The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.
Coercive human rights: positive duties to mobilise the criminal law under the ECHR
Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR).
Child soldiers and the defence of duress under International criminal law
Investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted under international law. However, it is rarely considered what would happen to these children at the trial stage. This work offers a nuanced approach towards international prosecution and considers how children could be implicated and defended in international courts.
Accountability for International Humanitarian Law Violations : The Case of Rwanda and East Timor
The main objective of this book is to make available to an informed audience a le gal and policy oriented study on accountability for serious human rights and inter national humanitarian law violations. It is an attempt to share the lessons learnt in accountability for atrocity crimes as conducted by the International Criminal Tri bunal for Rwanda (ICTR), and the United Nations Transitional Administration in East Timor (UNTAET). The former established subsequent to egregious atrocities that took place in 1994, and the latter following the massive outburst of violence in 1999. The book is based on two cases: Rwanda and East Timor. It is expected that it will serve as reference literature to both the legal community and policy makers on accountability for heinous international crimes.
