Realizing Reparative Justice for International Crimes

Realizing Reparative Justice for International Crimes

Author: Miriam Cohen

Publisher: Cambridge University Press

Published: 2020-07-02

Total Pages: 287

ISBN-13: 1108597084

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This book provides a timely and systematic study of reparations in international criminal justice, going beyond a theoretical analysis of the system established at the International Criminal Court (ICC). It originally engages with recent decisions and filings at the ICC relating to reparation and how the criminal and reparative dimensions of international criminal justice can be reconciled. This book is equally innovative in its extensive treatment of the significant challenges of adjudicating on reparations, and proposing recommendations based on concrete experiences. With recent and imminent decisions from the ICC, and developments in national courts and beyond, Miriam Cohen provides a critical analysis of the theory and emerging jurisprudence of reparations for international crimes, their impact on victims and stakeholders.


Practices of Reparations in International Criminal Justice

Practices of Reparations in International Criminal Justice

Author: Christoph Sperfeldt

Publisher: Cambridge University Press

Published: 2022-07-07

Total Pages: 391

ISBN-13: 1009178814

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Combining interdisciplinary techniques with original ethnographic fieldwork, Christoph Sperfeldt examines the first attempts of international criminal courts to provide reparations to victims of mass atrocities. The observations focus on two case studies: the Extraordinary Chambers in the Courts of Cambodia, where Sperfeldt spent over ten years working at and around, and the International Criminal Court's interventions in the Democratic Republic of Congo. Enriched with first-hand observations and an awareness of contextual dynamics, this book directs attention to the 'social life of reparations' that too often get lost in formal accounts of law and its institutions. Sperfeldt shows that reparations are constituted and contested through a range of practices that produce, change, and give meaning to reparations. Appreciating the nature and effects of these practices provides us with a deeper understanding of the discrepancies that exist between the reparations ideal and how it functions imperfectly in different contexts.


The Politics of International Criminal Law

The Politics of International Criminal Law

Author: Holly Cullen

Publisher: BRILL

Published: 2020-12-15

Total Pages: 407

ISBN-13: 9004372490

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The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.


Victims Before the International Criminal Court

Victims Before the International Criminal Court

Author: Christoph Safferling

Publisher: Springer Nature

Published: 2021-09-16

Total Pages: 390

ISBN-13: 3030801772

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The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.


Handbook on Restorative Justice Programmes

Handbook on Restorative Justice Programmes

Author: Yvon Dandurand

Publisher: United Nations Publications

Published: 2006

Total Pages: 0

ISBN-13: 9789211337549

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The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community


Changing Actors in International Law

Changing Actors in International Law

Author: Karen N. Scott

Publisher: BRILL

Published: 2020-11-04

Total Pages: 443

ISBN-13: 9004424156

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Changing Actors in International Law explores actors other than the ‘state’ in international law focusing on under-researched actors (quasi-states, trans-government networks, Indigenous Peoples, self-determination claimant groups) as well the less well studied aspects of otherwise well-researched actors (individuals, corporations, NGOs, armed organised groups).


Transitional Justice

Transitional Justice

Author: Gerhard Werle

Publisher: Springer Nature

Published: 2022-09-08

Total Pages: 160

ISBN-13: 3662651513

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The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).


Beyond Punishment: Achieving International Criminal Justice

Beyond Punishment: Achieving International Criminal Justice

Author: M. Findlay

Publisher: Springer

Published: 2009-11-30

Total Pages: 313

ISBN-13: 0230250564

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International criminal justice is challenged to better reflect legitimate victim interest. This book provides a framework for achieving synthesis between restorative and retributive dimensions within international criminal trials in order to achieve the peace-making aspirations of the International Criminal Court.


Courts and Diversity

Courts and Diversity

Author: Bertus de Villiers

Publisher: BRILL

Published: 2024-03-04

Total Pages: 311

ISBN-13: 9004691693

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The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.


Public Interest Litigation in International Law

Public Interest Litigation in International Law

Author: Justine Bendel

Publisher: Taylor & Francis

Published: 2023-09-25

Total Pages: 282

ISBN-13: 1000953602

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In a world of growing public interest in global matters and criticisms of multilateralism to adequately address them, the role of international courts and tribunals in the resolution of disputes is shifting. A central aspect of this shift is whether and how international courts and tribunals can be used to resolve such disputes in the public interest. This practice, referred to as public interest litigation, is the object of this collection, which identifies some recent developments, trends and prospects in this growing practice. Its aim is to assess the degree to which the bilateral design of international courts and tribunals can adapt to the shift towards a public approach to international litigation. Engaging with various fields where public interest litigation exists – such as human rights, climate change, global health and criminal law – it identifies recent developments, trends and prospects in this practice. The selected pieces provide a flavour of the types of issues that have arisen before international judicial bodies – for instance, the International Court of Justice, the International Tribunal for the Law of the Sea, international arbitral tribunals, regional human rights bodies or criminal courts – and explores issues that may arise in the future