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: 530

ISBN-13: 1509926887

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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.

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.

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 Oxford Handbook of International Criminal Law
The Oxford Handbook of International Criminal Law

Author: Darryl Robinson

Publisher: Oxford University Press

Published: 2020-02-24

Total Pages: 896

ISBN-13: 0192558897

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In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

Universal Jurisdiction in International Criminal Law
Universal Jurisdiction in International Criminal Law

Author: Aisling O'Sullivan

Publisher: Taylor & Francis

Published: 2017-02-03

Total Pages: 235

ISBN-13: 1317301218

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With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.

Twilight of Impunity
Twilight of Impunity

Author: Judith Armatta

Publisher: Duke University Press

Published: 2010-07-30

Total Pages: 578

ISBN-13: 0822391791

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An eyewitness account of the first major international war-crimes tribunal since the Nuremberg trials, Twilight of Impunity is a gripping guide to the prosecution of Slobodan Milosevic for war crimes, crimes against humanity, and genocide. The historic trial of the “Butcher of the Balkans” began in 2002 and ended abruptly with Milosevic’s death in 2006. Judith Armatta, a lawyer who spent three years in the former Yugoslavia during Milosevic’s reign, had a front-row seat at the trial. In Twilight of Impunity she brings the dramatic proceedings to life, explains complex legal issues, and assesses the trial’s implications for victims of the conflicts in the Balkans during the 1990s and international justice more broadly. Armatta acknowledges the trial’s flaws, particularly Milosevic’s grandstanding and attacks on the institutional legitimacy of the International Criminal Tribunal. Yet she argues that the trial provided an indispensable legal and historical narrative of events in the former Yugoslavia and a valuable forum where victims could tell their stories and seek justice. It addressed crucial legal issues, such as the responsibility of commanders for crimes committed by subordinates, and helped to create a framework for conceptualizing and organizing other large-scale international criminal tribunals. The prosecution of Slobodan Milosevic in The Hague was an important step toward ending impunity for leaders who perpetrate egregious crimes against humanity.

International Justice in the United Nations General Assembly
International Justice in the United Nations General Assembly

Author: Ramsden, Michael

Publisher: Edward Elgar Publishing

Published: 2021-07-31

Total Pages: 256

ISBN-13: 178811938X

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International Justice in the United Nations General Assembly probes the role that the UN’s plenary body has played in developing international criminal law and addressing country-specific impunity gaps. It covers the General Assembly’s norm-making capabilities, its judicial and investigatory functions, and the legal effect of its recommendations. With talk of a ‘new Cold War’ and growing levels of plenary activism in the face of Security Council deadlock, this book will make for timely and essential reading for all in the field of international criminal justice.

The International Criminal Court and Complementarity
The International Criminal Court and Complementarity

Author: Carsten Stahn

Publisher: Cambridge University Press

Published: 2011-10-06

Total Pages: 1293

ISBN-13: 1316139506

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This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.