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Transitional Justice in the Twenty-First Century
Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.
The Rules, Practice, and Jurisprudence of International Courts and Tribunals
International courts and tribunals are key actors in international law, both because of their primary dispute resolution function and for their role in developing international law in a more general sense. Their growing number and complexity makes a detailed study of their practice particularly relevant. The Rules, Practice, and Jurisprudence of International Courts and Tribunals examines existing international dispute resolution institutions, including those of general jurisdiction (ICJ, PCA), specialised jurisdiction (ITLOS, ICSID, WTO), as well as human rights courts, international criminal courts and tribunals, courts of regional integration agreements, claims commissions and tribunals, and administrative tribunals of international organizations. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Transitional Justice and the Historical Abuses of Church and State
Interrogates the role of power and emotions in the responses of Western States and churches to their historical abuses.
The New World of UN Peace Operations
Peace operations are the UN ́s flagship activity. Over the past decade, UN blue helmets have been dispatched to ever more challenging environments from the Congo to Timor to perform an expanding set of tasks. From protecting civilians in the midst of violent conflict to rebuilding state institutions after war, a new range of tasks has transformed the business of the blue helmets into an inherently knowledge-based venture. But all too often, the UN blue helmets, policemen, and other civilian officials have been "flying blind" in their efforts to stabilize countries ravaged by war. The UN realized the need to put knowledge, guidance and doctrine, and reflection on failures and successes at th...
Assessing the Legacy of the ICTY
This collection of essays assesses the legacy established by the most important international criminal tribunal since the Nuremberg and Tokyo war crimes trials, and considers what might be done to enhance or modify the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), including improvement of the capacity of state courts in the region to prosecute violations of humanitarian law by using the Tribunal’s documents, evidence, law, and practice. The essays are derived from a conference, Assessing the Legacy of the ICTY, which was convened in The Hague. Participants included over 375 stakeholders from the former Yugoslavia; officials from the Tribunal’s Chambers, Registry, and the Office of the Prosecutor; justice ministers and other government officials from Europe; and all elements of civil society—representatives of nongovernmental organizations, lawyers, and academics.
Saving the International Justice Regime
This book provides a framework for understanding backlash against the international justice regime and how to save it.
Hiding in Plain Sight
Hiding in Plain Sight tells the story of the global effort to apprehend the world's most wanted fugitives. Beginning with the flight of tens of thousands of Nazi war criminals and their collaborators after World War II, then moving on to the question of justice following the recent Balkan wars and the Rwandan genocide, and ending with the establishment of the International Criminal Court and America's pursuit of suspected terrorists in the aftermath of 9/11, the book explores the range of diplomatic and military strategies--both successful and unsuccessful--that states and international courts have adopted to pursue and capture war crimes suspects. It is a story fraught with broken promises, backroom politics, ethical dilemmas, and daring escapades--all in the name of international justice and human rights. Hiding in Plain Sight is a companion book to the public television documentary Dead Reckoning: Postwar Justice from World War II to The War on Terror. For more information about the documentary, visit www.saybrookproductions.com. For information about the Human Rights Center, visit hrc.berkeley.edu.
The Realities of International Criminal Justice
The Realities of the International Criminal Justice System takes an analytical and critical look at the impact of the major instruments of international criminal justice since the 1990s with the advent of the International Criminal Tribunals for Rwanda and Yugoslavia.
Assessing the Long-Term Impact of Truth Commissions
In 1990, after the end of the Pinochet regime, the newly-elected democratic government of Chile established a Truth and Reconciliation Commission (TRC) to investigate and report on some of the worst human rights violations committed under the seventeen-year military dictatorship. The Chilean TRC was one of the first truth commissions established in the world. This book examines whether and how the work of the Chilean TRC contributed to the transition to democracy in Chile and to subsequent developments in accountability and transformation in that country. The book takes a long term view on the Chilean TRC asking to what extent and how the truth commission contributed to the development of th...
The Law of War Crimes
The essays discuss the philosophical and political implications of war crimes jurisprudence as well as the surprisingly rich and unexpected historical record of previous war crimes trials. Issues also covered are legislative and judicial approaches to war crimes in Europe, Israel, Australia and North America. This publication contains an indispensable new material and careful legal analysis. .
