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Truth Commissions and Courts
Criminal justice for human rights abuses committed during periods of political repression or dictatorship is one of the great challenges to post-con?ict societies. In many cases, there has been no justice at all. Sometimes serious political concerns that e?orts at accountability might upset fragile peace settlements have militated in favour of no action and no accountability. In many cases, the outgoing tyrants have conditioned their departure upon a pledge that there be no prosecutions. But thinking on these issues has evolved considerably in recent years. Largely driven by the view that collective amnesia amounts to a violation of fundamental human rights, especially those of the victims o...
Insanity
The insanity defense is one of the oldest fixtures of the Anglo-American legal tradition. Though it is available to people charged with virtually any crime, and is often employed without controversy, homicide defendants who raise the insanity defense are often viewed by the public and even the legal system as trying to get away with murder. Often it seems that legal result of an insanity defense is unpredictable, and is determined not by the defendants mental state, but by their lawyers and psychologists influence. From the thousands of murder cases in which defendants have claimed insanity, Doctor Ewing has chosen ten of the most influential and widely varied. Some were successful in their ...
Our Nation Unhinged
Jose Padilla short-shackled and wearing blackened goggles and earmuffs to block out all light and sound on his way to the dentist. Fifteen-year-old Omar Khadr crying out to an American soldier, "Kill me!" Hunger strikers at Guantánamo being restrained and force-fed through tubes up their nostrils. John Walker Lindh lying naked and blindfolded in a metal container, bound by his hands and feet, in the freezing Afghan winter night. This is the story of the Bush administration's response to the attacks of September 11, 2001—and of how we have been led down a path of executive abuses, human tragedies, abandonment of the Constitution, and the erosion of due process and liberty. In this vitally important book, Peter Jan Honigsberg chronicles the black hole of the American judicial system from 2001 to the present, providing an incisive analysis of exactly what we have lost over the past seven years and where we are now headed.
Combating Terrorism in Northern Ireland
This edited book analyses the lessons which can be drawn from Northern Ireland’s experiences of combating terrorism. The essays in this volume unite analysis and practice in exploring both the conflict in Northern Ireland and the internationally applicable counter-terrorism lessons which can be drawn from the response to it. The contributors, all specialists in their fields, make a theoretical analysis of the underlying causes of terrorism, and explore how this interacts with the development of effective operations and policy responses. The book emphasises the socio-economic and socio-cultural dimensions underlying the problem of terrorism, arguing that short-term, violent/military responses can in fact exacerbate the problem. It highlights the complexity of terrorism as a social phenomenon, and outlines the multi-faceted approach needed to combat it.
Healthcare Law: Impact of the Human Rights Act 1998
With many issues still to be resolved,the Human Rights Act has brought considerable uncertainty with respect to healthcare law. Written as a critical collection of essays, this invaluable book provides a careful examination and analysis of the issues and how they might be resolved. The book fully explores the relevance and potential impact of the European Convention on Human Rights and Biomedicine, both genetically and in specific areas such as medical research and biotechnology.
Settling Self-Determination Disputes
The study is the result of an international collaborative project supported and funded by the Carnegie Corporation of New York. This multi-year venture has involved a research team of some forty chapter authors and commentators. The research has been accompanied by three major workshops on project methodology, initial chapter reviews and final discussions. A point was made of including both scholars and practitioners involved in power-sharing settlements in the review process, in the hope that more would be learned about the actual implementation of the settlements under investigation. The project team was united in its wish to explore whether long-standing secessionist conflicts have been a...
Secrets and Silence
Three decades ago doctors in Cleveland, a county in the northeast of England, identified a sexual abuse scandal that provoked a nationwide scandal in the United Kingdom. Pediatricians uncovered evidence of abuse in 121 children, but official investigations led to the majority of the charges being dismissed, with children returned to their families and the public reassured that there was no widespread abuse problem. In this revelatory book, Beatrix Campbell proves that the government inquiry that followed the scandal was a cover-up. Within days of its opening, experts had confirmed that 75% of the diagnoses had been correct, but ministers never revealed those findings to Parliament or the public. Instead, they discredited the doctors and social workers involved in a dangerous attempt to minimize scrutiny and criticism. The legacy of the Cleveland scandal lives today, even as the Independent Inquiry into Child Sexual Abuse is underway. It began an era of skepticism and blame in child protection policy that put children's safety at risk, then and now.
Lights of Madness
Joan of Arc was burned alive in 1431, condemned for her heresy which defied church and worldly authority. Since childhood, she claimed to have heard daily voices from God. These angelic messages miraculously guided Joan to drive the English out of France and end the Hundred Years War. Author Preston Russell traces her extensive trial testimony, seeking to find her own voice from five hundred years ago. He also examines her many faces evolving in world literature, theatre, and film, extending from Shakespeare and Voltaire to Mark Twain and George Bernard Shaw. Becoming a world symbol, Joan of Arc has been embraced by Napoleon, Nazi Germany, Marxist ideology, and French political parties. The ...
Armed Non-State Actors in International Humanitarian and Human Rights Law
The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and co...
Identity, Reconciliation and Transitional Justice
Building upon an interdisciplinary synthesis of recent literature from the fields of transitional justice and conflict transformation, this book introduces a groundbreaking theoretical framework that highlights the critical importance of identity in the relationship between transitional justice and reconciliation in deeply divided societies. Using this framework, Aiken argues that transitional justice interventions will be successful in promoting reconciliation and sustainable peace to the extent that they can help to catalyze those crucial processes of ‘social learning’ needed to transform the antagonistic relationships and identifications that divide post-conflict societies even after ...
