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Atrocity, Punishment, and International Law
This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.
Assisting Victims of Terrorism
The fight against terrorism is receiving increased awareness due to recent wor- wide large-scale terrorist acts, and only since then has some attention been directed specifically to victims of terrorism. Existing legal instruments of international b- ies like the European Union, the Council of Europe and the United Nations c- cerning victims of terrorism are relatively abstract or include victims of terrorism under the broader heading of victims of crime in general. In addition, policies and legislation relating to victims of crime or victims of terrorism vary widely on the domestic level. Against this background, the European Union commissioned a project that should aim to develop more exte...
Disputed Memory
The world wars, genocides and extremist ideologies of the 20th century are remembered very differently across Central, Eastern and Southeastern Europe, resulting sometimes in fierce memory disputes. This book investigates the complexity and contention of the layers of memory of the troubled 20th century in the region. Written by an international group of scholars from a diversity of disciplines, the chapters approach memory disputes in methodologically innovative ways, studying representations and negotiations of disputed pasts in different media, including monuments, museum exhibitions, individual and political discourse and electronic social media. Analyzing memory disputes in various local, national and transnational contexts, the chapters demonstrate the political power and social impact of painful and disputed memories. The book brings new insights into current memory disputes in Central, Eastern and Southeastern Europe. It contributes to the understanding of processes of memory transmission and negotiation across borders and cultures in Europe, emphasizing the interconnectedness of memory with emotions, mediation and politics.
Restoring Justice after Large-scale Violent Conflicts
This book provides a comparative analysis of the potential of restorative justice approaches to dealing with mass victimization in the context of large-scale violent conflicts focusing on case studies from Kosovo, Israel-Palestine and Congo, incorporating contributions from leading authorities in these areas. One of the main objectives of the book is to examine if, how and to what extent restorative justice is applicable in various different cultural, social and historical contexts, and what common themes can be identified within the different regions under analysis. The book will also provide a critical analysis of the UN Basic Principles on the use of restorative justice programmes in criminal matters as applied to the context of large scale violence.
Trials and Tribulations of International Prosecution
There have been many political dilemmas that impose structural constraints on the effort to legalize, judicialize, and criminalize normatively deviant behavior in international politics. The annual costs of these tribunals has peaked at approximately $400 million, of which $140 million is allocated to the ICC, the latter now having spent $1 billion in its first decade of existence. What has been the track record of these international criminal courts with jurisdiction to try heads of states and leading official and military officers? Has the domestic political will of states increased to prosecute their own leaders, following the ICC’s complimentary jurisdiction? How have powerful states s...
Gewaltfreiheit, Politik und Toleranz im Islam
Der Islam gilt seit dem 11. September 2001 vielfach als eine gewalttätige Religion. Das fordert dazu heraus, sich mit dem kulturellen und religiösen Erbe des Islam gründlicher zu befassen. Die Autoren beschreiben eine im Westen weitgehend unbekannte Seite des Islam, die sich durch den Glauben, das Recht und den frühen Fortschrittsglauben der muslimischen Gelehrten entfalten konnte. Trotz des Niederganges der islamischen Rechtsprechung, der schari'a, und der Verhärtung des Glaubens hat sich die traditionelle Toleranz des Islam anderen Religionen gegenüber, erhalten. Moderne islamische Theologen treten für Gewaltlosigkeit ein.
Child Soldiers as Agents of War and Peace
This book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims. While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which c...
Fairness and the Goals of International Criminal Trials
This book presents a ground-breaking, interdisciplinary study into the various goals assigned to international criminal trials. It starts from the proposition that no hierarchy exists amongst the different goals meaning that trials should strive to achieve all of them in equal measure. This is made difficult by the fact that not all of these goals are compatible and the fulfilment of one may lead to others going unmet. Therefore, a balance must be found if the goals of trial are to be achieved at all. The book posits that fairness should serve as the guiding principle when weighing the different trial goals against one another. It is argued that without fairness international and internation...
Exploring the Boundaries of International Criminal Justice
This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.
