The Fight Against Impunity in EU Law
The Fight Against Impunity in EU Law

Author: Luisa Marin

Publisher: Bloomsbury Publishing

Published: 2020-11-26

Total Pages: 387

ISBN-13: 1509926895

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The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.

International Justice Against Impunity
International Justice Against Impunity

Author: Yves Beigbeder

Publisher: Martinus Nijhoff Publishers

Published: 2005

Total Pages: 258

ISBN-13: 900414451X

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This volume reviews the achievements and limitations of the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the creation of mixed national/international courts: the Special Court for Sierra Leone and the Cambodia Tribunal. The major, unexpected and promising judiciary innovation is however the creation of the International Criminal Court in 1998, supported by the UN, European Union members and other countries, effectively promoted by NGOs, but strongly opposed by the USA. The Court will have to show that it is a fair and valuable instrument in fighting impunity at the international level.

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 United Nations Principles to Combat Impunity
The United Nations Principles to Combat Impunity

Author: Frank Haldemann

Publisher: Oxford University Press

Published: 2018

Total Pages: 481

ISBN-13: 0198743602

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Bringing together leading experts in the field, this volume provides comprehensive academic commentary on the UN Principles to Combat Impunity. The book features the text of each of the 38 Principles, along with a full analysis, detailed commentary, and a guide to relevant literature and case law.

The United Nations Principles to Combat Impunity: A Commentary
The United Nations Principles to Combat Impunity: A Commentary

Author: Frank Haldemann

Publisher: Oxford University Press

Published: 2018-03-21

Total Pages: 592

ISBN-13: 0191061298

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The fight against impunity has become a growing concern of the international community. Updated in 2005, the UN Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity is the fruit of several years of study, developed under the aegis of the UN Commission on Human Rights and then affirmed by the Human Rights Council. These Principles are today widely accepted as constituting an authoritative reference point for efforts in the fight against impunity for gross human rights abuses and serious violations of international humanitarian law. As a comprehensive attempt to codify universal accountability norms, the UN Set of Principles marks a significant step forward in the debate on the obligation of states to combat impunity in its various forms. Bringing together leading experts in the field, this volume provides comprehensive academic commentary of the 38 principles. The book is a perfect companion to the document, setting out the text of the Principles alongside detailed analysis, as well as a full introduction and a guide to the relevant literature and case law. The commentary advances debates and clarifies complex legal issues, making it an essential resource for legal academics, students, and practitioners working in fields such as human rights, international criminal law, and transitional justice.

Between Impunity and Imperialism
Between Impunity and Imperialism

Author: Kevin E. Davis

Publisher: Oxford University Press, USA

Published: 2019

Total Pages: 345

ISBN-13: 0190070803

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This book uses a series of high-profile cases to illustrate the key elements of transnational bribery law. It analyzes the law through the lenses of two competing theoretical approaches: the OECD paradigm and the anti-imperialist critique. It ultimately defends an alternative distinctively inclusive and experimentalist approach to transnational bribery law.

Living by the Gun in Chad
Living by the Gun in Chad

Author: Marielle Debos

Publisher: Zed Books Ltd.

Published: 2016-10-15

Total Pages: 124

ISBN-13: 1783605359

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How do people live in a country that has experienced rebellions and state-organised repressions for decades and that is still marked by routine forms of violence and impunity? What do combatants do when they are not mobilised for war? Drawing on over ten years of fieldwork conducted in Chad, Marielle Debos explains how living by the gun has become both an acceptable form of political expression and an everyday occupation. Contrary to the popular association of violence and chaos, she shows that these fighters continue to observe rules, frontiers and hierarchies, even as their allegiances shift between rebel and government forces, and as they drift between Chad, Libya, Sudan and the Central African Republic. Going further, she explores the role of the globalised politico-military entrepreneurs and highlights the long involvement of the French military in the country. Ultimately, the book demonstrates that ending the war is not enough. The issue is ending the 'inter-war' which is maintained and reproduced by state violence. Combining ethnographic observation with in-depth theoretical analysis, Living by the Gun in Chad is a crucial contribution to our understanding of the intersections of war and peace.

The End of Corruption and Impunity
The End of Corruption and Impunity

Author: Stuart S. Yeh

Publisher:

Published: 2022

Total Pages: 386

ISBN-13: 9781793655097

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The End of Corruption and Impunity argues that it is feasible to limit the corruption that plagues developing regions of the world by implementing an international treaty designed to combat dysfunctional criminal justice systems and restore human rights.

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: 1108165818

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In the twenty-first century, fighting impunity has become both the rallying cry and a metric of progress for human rights. The new emphasis on criminal prosecution represents a fundamental change in the positions and priorities of students and practitioners of human rights and transitional justice: it has become almost unquestionable common sense that criminal punishment is a legal, political, and pragmatic imperative for addressing human rights violations. This book challenges that common sense. It does so by documenting and critically analyzing the trend toward an anti-impunity norm in a variety of institutional and geographical contexts, with an eye toward the interaction between practices at the global and local levels. Together, the chapters demonstrate how this laser focus on anti-impunity has created blind spots in practice and in scholarship that result in a constricted response to human rights violations, a narrowed conception of justice, and an impoverished approach to peace.

Post-Communist Mafia State
Post-Communist Mafia State

Author: B lint Magyar

Publisher: Central European University Press

Published: 2016-03-01

Total Pages: 337

ISBN-13: 6155513546

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Having won a two-third majority in Parliament at the 2010 elections, the Hungarian political party Fidesz removed many of the institutional obstacles of exerting power. Just like the party, the state itself was placed under the control of a single individual, who since then has applied the techniques used within his party to enforce submission and obedience onto society as a whole. In a new approach the author characterizes the system as the ?organized over-world?, the ?state employing mafia methods? and the ?adopted political family', applying these categories not as metaphors but elements of a coherent conceptual framework. The actions of the post-communist mafia state model are closely aligned with the interests of power and wealth concentrated in the hands of a small group of insiders. While the traditional mafia channeled wealth and economic players into its spheres of influence by means of direct coercion, the mafia state does the same by means of parliamentary legislation, legal prosecution, tax authority, police forces and secret service. The innovative conceptual framework of the book is important and timely not only for Hungary, but also for other post-communist countries subjected to autocratic rules. ÿ