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The Right to Appeal in International Criminal Law
"In The Right to Appeal in International Criminal Law Dražan Djukić describes appeal proceedings in international criminal law and evaluates them against human rights benchmarks. While international criminal courts and tribunals mainly comply with these benchmarks, they have fallen short in certain important areas. Despite their importance to the legal process, appeal proceedings tend to receive limited attention. On the basis of benchmarks arising from international human rights law, Dražan Djukić systematically assesses the law and practice concerning appeal proceedings in international criminal law"--
Yearbook
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Necessary Evils
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.
The Contribution of International and Supranational Courts to the Rule of Law
International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels. With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach...
Human Rights and International Humanitarian Law
This ground-breaking book expertly brings together the many effective dementia interventions to reduce the symptoms of this debilitating condition and also, for the first time, a Cost-Benefit Analysis of those interventions to establish whether the benefits outweigh the costs. Focussing on new interventions such as years of education, medicare eligibility, hearing aids and vision correction, Robert Brent also takes an innovative look at the need to reduce elder abuse and initiate an international convention for human rights.
Serious Violations of Human Rights
This book analyses the use of the expression 'serious violations of human rights', and similar ones, such as 'gross' or 'grave', in international practice. It highlights some of the recurring responses and consequences to such violations and suggests that a new special regime - eponymous to the above-mentioned expression - was formed. This special regime is understood as substantively limited to a very specific issue-area of human rights violations. Within this regime, a series of monitoring mechanisms and procedures are in place to highlight, document, and record such violations; specific measures are taken to enforce compliance; and certain consequences arise focused on remedying the victi...
International Law and Transition to Peace in Colombia
In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.
Arbitrary Withholding of Consent to Humanitarian Relief in Non-international Armed Conflict
How to legally assess the situation when humanitarian actors in non-international armed conflicts are arbitrarily denied access to the affected civilian population? The book answers this question from the perspective of the five main actors involved in humanitarian relief in non-international armed conflicts: the affected State, non-State armed groups, humanitarian actors, non-belligerent States and the affected civilian population. It examines the legal regulations and consequences for each of these actors. In doing so, the book not only draws attention to existing legal gaps and challenges, but also encourages readers to rethink outdated legal concepts and discuss new approaches. The open access publication of this book has been published with the support of the Swiss National Science Foundation.
Mussolini, Mustard Gas and the Fascist Way of War
In early October 1935 and without any declaration of war some two hundred thousand men, comprising soldiers and airmen of the Italian armed forces, Fascist ‘Blackshirt’ Militia, Eritrean ascari and Somali dubats, invaded the independent state of Ethiopia (Abyssinia). It was an operation entirely of choice, the chooser being Il Duce: Benito Mussolini. The resultant conflict is often described as a colonial war. while it was certainly launched with the intent of turning Ethiopia into an Italian possession, it was in fact a war of aggression against an independent, sovereign, state with membership of the League of Nations. A state that had, according to one of its nineteenth-century rulers,...
