The Struggle Against Enforced Disappearance and the 2007 United Nations Convention

The Struggle Against Enforced Disappearance and the 2007 United Nations Convention

Author: Tullio Scovazzi

Publisher: Martinus Nijhoff Publishers

Published: 2007

Total Pages: 453

ISBN-13: 900416149X

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Enforced disappearance is one of the most serious human rights violations. It constitutes an autonomous offence and a crime under international law on account of its multiple and continuing character. It is not a phenomenon of the past, nor is it geographically limited to Latin America: such scourge is widespread today and on the increase in other continents. For more than twenty-five years, relatives of disappeared people worldwide have insisted on the pressing need for an international legally binding instrument against enforced disappearances. 2006 is the year of the adoption of the International Convention on the Protection of All Persons from Enforced Disappearances, which represents the result of several legislative and jurisprudential developments that are duly analyzed in this book. The Convention has been opened for signature in February 2007.


Intersections of Law and Culture at the International Criminal Court

Intersections of Law and Culture at the International Criminal Court

Author: Julie Fraser

Publisher: Edward Elgar Publishing

Published: 2020-10-15

Total Pages: 456

ISBN-13: 9781839107290

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This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court's future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.


International Law of Victims

International Law of Victims

Author: Carlos Fernández de Casadevante Romani

Publisher: Springer Science & Business Media

Published: 2012-07-11

Total Pages: 279

ISBN-13: 3642281400

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After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states’ obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.


Writing History in International Criminal Trials

Writing History in International Criminal Trials

Author: Richard Ashby Wilson

Publisher: Cambridge University Press

Published: 2011-03-07

Total Pages: 273

ISBN-13: 1139498266

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Why do international criminal tribunals write histories of the origins and causes of armed conflicts? Richard Ashby Wilson conducted research with judges, prosecutors, defense attorneys and expert witnesses in three international criminal tribunals to understand how law and history are combined in the courtroom. Historical testimony is now an integral part of international trials, with prosecutors and defense teams using background testimony to pursue decidedly legal objectives. In the Slobodan Milošević trial, the prosecution sought to demonstrate special intent to commit genocide by reference to a long-standing animus, nurtured within a nationalist mindset. For their part, the defense called historical witnesses to undermine charges of superior responsibility, and to mitigate the sentence by representing crimes as reprisals. Although legal ways of knowing are distinct from those of history, the two are effectively combined in international trials in a way that challenges us to rethink the relationship between law and history.


Invisible Atrocities

Invisible Atrocities

Author: Randle C. DeFalco

Publisher: Cambridge University Press

Published: 2022-03-17

Total Pages: 313

ISBN-13: 1108487416

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This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.


Anti-Impunity and the Human Rights Agenda

Anti-Impunity and the Human Rights Agenda

Author: Karen Engle

Publisher: Cambridge University Press

Published: 2016-12-15

Total Pages: 401

ISBN-13: 110707987X

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This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.


The Conflict in Syria and the Failure of International Law to Protect People Globally

The Conflict in Syria and the Failure of International Law to Protect People Globally

Author: Jeremy Julian Sarkin

Publisher: Routledge

Published: 2021-11-29

Total Pages: 306

ISBN-13: 1000471837

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This book explores, through the lens of the conflict in Syria, why international law and the United Nations have failed to halt conflict and massive human rights violations in many places around the world which has allowed tens of millions of people to be killed and hundreds of millions more to be harmed. The work presents a critical socio-legal analysis of the failures of international law and the United Nations (UN) to deal with mass atrocities and conflict. It argues that international law, in the way it is set up and operates, falls short in dealing with these issues in many respects. The argument is that international law is state-centred rather than victim-friendly, is, to some extent, outdated, is vague and often difficult to understand and, therefore, at times, hard to apply. While various accountability processes have come to the fore recently, processes do not exist to assist individual victims while the conflict occurs or the abuses are being perpetrated. The book focuses on the problems of international law and the UN and, in the context of the many enforced disappearances and arbitrary detentions in Syria, why nothing has been done to deal with a rogue state that has regularly violated international law. It examines why the responsibility to protect (R2P) has not been applied and why it ought to be used, generally, and in Syria. It uses the Syrian context to evaluate the weaknesses of the system and why reform is needed. It examines the UN institutional mechanisms, the role they play and why a civilian protection system is needed. It examines what mechanism ought to be set up to deal with the possible one million people who have been disappeared and detained in Syria. The book will be a valuable resource for students, academics and policy-makers working in the areas of public international law, international human rights law, political science and peace and security studies.