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Strategic Litigation and Corporate Complicity in Crimes Under International Law
This book provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes. The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives....
Justice and Memory After Dictatorship
Justice and Memory after Dictatorship: Latin America, Eastern Europe and the Fragmentation of International Criminal Law provides a ground-breaking socio-historical account of the global transformation of international criminal law after the fall of dictatorships at the end of the 1980s.
The Engagement of Domestic Courts with International Law
The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order. Two trends are examined in parallel in this volume. The traditional dividing lines between national and international law norms and institutions have become increasingly blurred. However, the practice of domestic courts can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law. The solutions that cour...
Exorcising Terror
Renowned author Ariel Dorfman, obsessed for twenty-five years with the malignant shadow General Pinochet cast upon Chile and the world, followed every twist and turn of the four year old trial in Great Britain, Spain and Chile as well as in the U.S., the country that had created Pinochet. Told as a suspense thriller, filled with court-room drama and sudden reversals of fortune, the book at the same time addresses some of today's most burning issues, made all the more urgent after the terrorist attacks of September 11th 2001. What are the limits of national sovereignty in a globalizing world? How does an ever more interconnected world judge crimes committed against humanity? What role do memory and pain and the rights of the survivors play in this struggle for a new system of justice? But above all, the author, by listening carefully to the voices of Pinochet's many victims, explores how can we purge ourselves of terror and fear once we have been traumatized, and asks if we can build peace and reconciliation without facing a turbulent and perverse past.
Unsettling Accounts
DIVFocuses on perpetrators of human rights crimes, investigating confessions by human rights violators in contexts of transitional justice in South America and South Africa./div
Transitional Justice in Rwanda
Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of ...
The Scourge of Genocide
The Scourge of Genocide collects essays, reviews, and reportage on the subjects of genocide and crimes against humanity by Adam Jones, recently selected as one of "Fifty Key Thinkers on the Holocaust and Genocide." The volume includes a number of previously-unpublished essays, and explores a range of debates and approaches in comparative genocide studies, such as: Genocide, pedagogy, and visual representation. Gender and "gendercide." The role of media and communications in genocide. The historiography of genocide studies. "Subaltern genocide," or genocides by the oppressed. Strategies of genocide prevention and intervention. Covering a broad spectrum of theoretical perspectives, as well as case studies from the former Yugoslavia, Rwanda, Guatemala, Afghanistan, Iraq, and Israel/Palestine, this book is essential reading for all scholars and students of genocide studies, political violence, and international relations.
The Role of National Courts in Applying International Humanitarian Law
International humanitarian law is applied across the world in domestic courts. This book investigates how five domestic courts, the UK, US, Canada, Italy, and Israel, have done so, arguing that they show a range of different approaches, from acting as apologists for the use of force to actively promoting international humanitarian law.
Pleadings, Minutes of Public Sittings and Documents / Mémoires, procès-verbaux des audiences publiques et documents, Volume 19 (2013)
The International Tribunal for the Law of the Sea is an international court with competence to settle disputes concerning the law of the sea. It is a central forum for the settlement of disputes relating to the interpretation and application of the United Nations Convention on the Law of the Sea. This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in The “Arctic Sunrise” Case (Kingdom of the Netherlands v. Russian Federation), Provisional Measures. The documents are reproduced in their original language. The Tribunal delivered its Order on 22 November 2013. It is published in Reports of Judgments, Advisory Opinions and ...
The Achilles Heel of Democracy
Machine generated contents note: 1. Societally penetrated judiciaries and the democratic rule of law; 2. The evolution of judicial regimes; 3. Costa Rica: a liberal judicial regime; 4. Government control regimes in Central America versus the rule of law; 5. Clandestine control in Guatemala; 6. Partisan systems; Conclusion
