International Crimes and Other Gross Human Rights Violations

International Crimes and Other Gross Human Rights Violations

Author: Alette Smeulers

Publisher: BRILL

Published: 2011-07-27

Total Pages: 552

ISBN-13: 9004215883

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International crimes such as genocide, crimes against humanity and war crimes as well as other gross human rights violations are manifestations of collective violence which endanger international peace and security. and warrant our full attention. It however takes a multi- and interdisciplinary approach to understand the true nature and causes of this type of criminality. The aim of this book is to take such an approach and to provide university students, scholars, professionals and practitioners within the field with the knowledge they need. The legal background and particularities of international crimes; the social context in which these crimes are committed as well as the perpetrators and bystanders thereof are studied. Within the book many case studies are presented as illustrations.


The Prevention of Gross Human Rights Violations Under International Human Rights Law

The Prevention of Gross Human Rights Violations Under International Human Rights Law

Author: Nienke van der Have

Publisher: Springer

Published: 2017-12-29

Total Pages: 267

ISBN-13: 9462652317

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This book contains a systematic assessment of the content and scope of obligations to prevent gross human rights violations. There has been a great deal of attention for concepts aiming to prevent gross human rights violations, such as conflict prevention and the responsibility to protect. Yet despite this shift in attention towards prevention, it has remained unclear what legal obligations states have to prevent gross human rights violations under international human rights law. The focus in this book is on three specific types of injury prohibited under international human rights law: torture, arbitrary death and genocide. Further distinctions are made between four temporal phases (long-term prevention, short-term prevention, preventing continuation, preventing recurrence) and territorial and extraterritorial obligations. The structure of the book allows academics and practitioners to learn about obligations to prevent gross human rights violations in a general sense, as well as find targeted information on the content and scope of obligations in specific settings. Nienke van der Have recently completed her Ph.D. at the Amsterdam Center for International Law, which forms part of the University of Amsterdam’s Faculty of Law, and currently works as Senior legal specialist at the department of Constitutional Affairs and Legislation of the Ministry of the Interior and Kingdom Relations of The Netherlands.


Determinants of Gross Human Rights Violations by State and State-sponsored Actors in Brazil, Uruguay, Chile, and Argentina, 1960-1990

Determinants of Gross Human Rights Violations by State and State-sponsored Actors in Brazil, Uruguay, Chile, and Argentina, 1960-1990

Author: Wolfgang S. Heinz

Publisher: BRILL

Published: 2021-09-27

Total Pages: 902

ISBN-13: 900448180X

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This book deals with the gross human rights violations that characterized the military repression in Argentina, Brazil, Chile and Uruguay from the 1960s to the 1980s. Dr Wolfgang Heinz, the author of three of the four case studies is a German scholar. The second author, Dr Hugo Frühling, is a Chilean researcher. Both are renowned human rights specialists who have done in-depth research on the causes of gross human rights violations in these countries. They have interviewed generals and officers directly involved in the repression. They have unearthed secret documents and, building on existing scholarship, they have managed to draw a unique picture of the mechanisms of repressive domestic social control. They have investigated international factors as well as the dynamics of the interaction between guerrilleros and urban terrorists on the one hand, and the military, the police forces and the death squads on the other. The result is a comprehensive volume, broad and comparative in scope, and written with clinical detachment but also with humanitarian sympathy for the victims of repression.


Understanding Human Rights Violations

Understanding Human Rights Violations

Author: Steven C. Poe

Publisher: Routledge

Published: 2019-06-04

Total Pages: 304

ISBN-13: 1351143786

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Originally published in 2004. This excellent volume presents a systematic analysis of various human rights violations around the globe, focusing on security and subsistence rights. The book collects important contributions to the theoretical development of the human rights phenomenon, covering a wide range of human rights issues and research approaches. The research presented combines a variety of qualitative and quantitative approaches and brings together both theoretical and empirical work. It places particular emphasis on making the advanced statistical methods that are used to test the arguments accessible to a wider readership. Understanding Human Rights Violations will prove a useful tool for all in the fields of international human rights, peace studies, political violence and international law, and offers a valuable introduction into the literature on human rights violations.


Promoting Accountability under International Law for Gross Human Rights Violations in Africa

Promoting Accountability under International Law for Gross Human Rights Violations in Africa

Author: Charles Chernor Jalloh

Publisher: BRILL

Published: 2015-07-14

Total Pages: 657

ISBN-13: 9004271759

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Promoting Accountability under International Law for Gross Human Rights Violations in Africa is pre-eminently a study on the work and contribution of the first international judicial mechanism, the International Criminal Tribunal for Rwanda (ICTR), devoted exclusively to challenging impunity for serious international crimes committed in Africa. This volume is dedicated to the eminent international jurist Justice Hassan Bubacar Jallow, the Tribunal’s longest serving Chief Prosecutor and the first prosecutor of the United Nations Mechanism for International Criminal Tribunals. The noted scholar and practitioner contributors discuss various aspects of the law, jurisprudence and practice of the Tribunal over its twenty year existence, while also drawing lessons for current and future international courts such as the International Criminal Court. Themes covered include the role of the international prosecutor; the prosecution of sexual and gender-based crimes; the relationship between national and international courts; the role of other international institutions in challenging impunity; and the role of African languages in international criminal trials. Given its wide ranging substantive coverage, this book will be invaluable to anyone interested in criminal justice, human rights and humanitarian law whether in Africa or other parts of the world.


Remedies in International Human Rights Law

Remedies in International Human Rights Law

Author: Dinah Shelton

Publisher: Oxford University Press

Published: 2015-10-22

Total Pages: 653

ISBN-13: 0191068764

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The fully revised and updated Third Edition of Remedies in International Human Rights Law provides a comprehensive analysis of the law governing international and domestic remedies for human rights violations. It reviews and examines the texts and the jurisprudence on this key area of human rights law. It is an essential practical and theoretical resource for policymakers, scholars, and students negotiating and litigating issues of redress for victims. The Third Edition incorporates the major developments in remedial human rights jurisprudence. Internationally, the United Nations and the International Criminal Court have issued reparations guidelines; the International Court of Justice has for the first time awarded compensation for human rights violations; the International Law Commission has considered the humanitarian responsibility of international organizations; and new international petition procedures and policies on redress have entered into force. Regionally, in Asia and Africa, human rights bodies have adopted new human rights accords and legal judgments; in Europe, the human rights case load unceasingly increases. Nationally, the jurisprudence of historical reparations has come to the fore, as has the juridical consideration of economic and social rights. All of these developments are analysed in context and create a comprehensive and accessible portrait of the state of remedial human rights law today.


Damages for Violations of Human Rights

Damages for Violations of Human Rights

Author: Ewa Bagińska

Publisher: Springer

Published: 2015-10-20

Total Pages: 488

ISBN-13: 3319189506

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This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.


Failure to Prevent Gross Human Rights Violations in Darfur

Failure to Prevent Gross Human Rights Violations in Darfur

Author: Fred Grünfeld

Publisher: Martinus Nijhoff Publishers

Published: 2014-05-09

Total Pages: 285

ISBN-13: 9004260404

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The book looks at the role of states and international organisations in their attempts to prevent the genocide in Darfur (2003-2005); from early warning to limited action in the field of humanitarian assistance, mediation, sanctions and peace-keeping. The book uses several theories to explain how decision-making led to the (absence) of international responses.