Amnesty For Crime In International Law And Practice

Author : Andreas O'Shea
Publisher : BRILL
ISBN 13 : 9047403088
Total Pages : 410 pages
Book Rating : 4.81/5 ( download)

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Download or read book Amnesty for Crime in International Law and Practice written by Andreas O'Shea and published by BRILL. This book was released on 2002-02-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a comprehensive and well-researched study of the relationship between municipal amnesty laws and developing principles of international criminal law. It pursues a path towards defining criteria for reconciling these two delicate fields of transitional justice. It concludes with a concrete proposal for the international community of states.

Author : Faustin Ntoubandi
Publisher : BRILL
ISBN 13 : 9047422309
Total Pages : 266 pages
Book Rating : 4.03/5 ( download)

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Download or read book Amnesty for Crimes against Humanity under International Law written by Faustin Ntoubandi and published by BRILL. This book was released on 2007-10-15 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on crystallizing trends in State's practice in respect of amnesty, this book provides a comprehensive legal framework within which grants of amnesty can be reconciled with the duty to prosecute core crimes under international law.

Author : Josepha Close
Publisher : Routledge
ISBN 13 : 1351180215
Total Pages : 293 pages
Book Rating : 4.14/5 ( download)

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Download or read book Amnesty, Serious Crimes and International Law written by Josepha Close and published by Routledge. This book was released on 2019-05-16 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.

Author : Ben Chigara
Publisher : Addison-Wesley Longman Limited
ISBN 13 : 9780582437937
Total Pages : 190 pages
Book Rating : 4.38/5 ( download)

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Download or read book Amnesty in International Law written by Ben Chigara and published by Addison-Wesley Longman Limited. This book was released on 2002 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this polemical book, the author presents a rigorous legal analysis of national amnesty laws - often called transitional or transformative justice - that seek to exculpate human rights violators from liability for criminal conduct under both national and international law. A model is developed for distinguishing legally sustainable national amnesty laws from unsustainable ones - the VANPAJR test. The author concludes that any scope of national amnesty laws to expunge criminal or civil liability of human rights violators is ultimately unsustainable under international law.

Author : Mark Freeman
Publisher : Cambridge University Press
ISBN 13 : 1139485601
Total Pages : pages
Book Rating : 4.09/5 ( download)

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Download or read book Necessary Evils written by Mark Freeman and published by Cambridge University Press. This book was released on 2009-11-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about amnesties for grave international crimes that states adopt in moments of transition or social unrest. The subject is naturally controversial, especially in the age of the International Criminal Court. The goal of this book is to reframe and revitalise the global debate on the subject and to offer an original framework for resolving amnesty dilemmas when they arise. Most literature and jurisprudence on amnesties deal with only a small subset of state practice and sidestep the ambiguity of amnesty's position under international law. This book addresses the ambiguity head on and argues that amnesties of the broadest scope are sometimes defensible when adopted as a last recourse in contexts of mass violence. Drawing on an extensive amnesty database, the book offers detailed guidance on how to ensure that amnesties extend the minimum leniency possible, while imposing the maximum accountability on the beneficiaries.

Author : Jacopo Roberti di Sarsina
Publisher : Springer
ISBN 13 : 9462652767
Total Pages : 283 pages
Book Rating : 4.67/5 ( download)

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Download or read book Transitional Justice and a State’s Response to Mass Atrocity written by Jacopo Roberti di Sarsina and published by Springer. This book was released on 2019-03-26 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.

Author : Roberto Bellelli
Publisher : Routledge
ISBN 13 : 1317114272
Total Pages : 706 pages
Book Rating : 4.77/5 ( download)

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Download or read book International Criminal Justice written by Roberto Bellelli and published by Routledge. This book was released on 2016-04-22 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.

Author : Guénaël Mettraux
Publisher : Oxford University Press
ISBN 13 : 0192603906
Total Pages : 960 pages
Book Rating : 4.06/5 ( download)

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Download or read book International Crimes: Law and Practice written by Guénaël Mettraux and published by Oxford University Press. This book was released on 2020-05-27 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This second volume discusses in detail crimes against humanity.

Author : Nigel Rodley
Publisher : OUP Oxford
ISBN 13 : 0191550515
Total Pages : 750 pages
Book Rating : 4.15/5 ( download)

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Download or read book The Treatment of Prisoners under International Law written by Nigel Rodley and published by OUP Oxford. This book was released on 2011-04-07 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third edition of the pioneering work that has become the standard text in the field. The first edition was one of the earliest to establish that the newly-developing international law of human rights could be set down as any other branch of international law. It also incorporates the complementary fields of international humanitarian law and international criminal law, while addressing the problems associated with their interaction with human rights law. The book is more than a descriptive analysis of the field. It acknowledges areas of unclarity or where developments may be embryonic. Solutions are offered. Recent developments have confirmed the value of solutions proposed in this edition and the previous one. Central to most of the chapters is the human rights norm of most salience in the treatment of prisoners, namely, the prohibition of torture and cruel, inhuman or degrading treatment or punishment. The early chapters focus on the period of first detention, when detainees are most at risk of having information or confessions, however unreliable, extracted by unlawful means. Voices contemplating the legitimacy of such treatment to combat terrorism have been heard in the wake of the atrocities of 11 September 2001. The book finds that the evidence clearly suggests that the absolute prohibition of such treatment remains firm. Other chapters deal with problems of poor prison conditions and of certain extraordinary penalties, notably corporal and capital punishment. A chapter explores ethical codes for members of professions capable of inflicting or preventing the prohibited behaviour (police and medical and legal professionals). Chapters are also devoted to the extreme practice of enforced disappearance and the contribution of the new convention on this phenomenon, as well as to extra-legal executions.

Author : Francisco Martin
Publisher : Springer
ISBN 13 :
Total Pages : 362 pages
Book Rating : 4.09/5 ( download)

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Download or read book The Rights International Companion to Criminal Law and Procedure:An International Human Rights Law Supplement written by Francisco Martin and published by Springer. This book was released on 1999-07-15 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last ten years there have been dramatic changes in international relations accompanied by an exponential growth of international law--especially in human rights and humanitarian law. To competently meet the challenges presented by these developments, law students and lawyers must learn how international law relates to, informs, and can trump domestic law in the fields of constitutional law, property, and criminal law and procedure. International law, however, is rarely required in law school. The Rights International Companion series is designed both as a series of international human rights, humanitarian, and comparative law supplements to law student casebooks on constitutional law, property, and criminal law and procedure, as well as a quick, helpful reference for lawyers. Each Companion tracks the themes of major coursebooks. Cross-references to these coursebooks are provided on the Rights International website: http://www.rightsinternational.org. Rights International is a non-profit organization that procides legal assistance to victims of human rights violations before international courts and tribunals. Rights International has the largest international human rights case docket spanning four continents. They also train lawyers and law students in international human rights law and practice.