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Accountability for Human Rights Atrocities in International Law
This book explores the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. It analyses the principal crimes, such as genocide and crimes against humanity, and appraises the mechanisms developed to bring individuals to justice.
Remedy for Human Rights Abuses under Tort and International Law
This second volume examines laws relating to the civil liabilities of corporations and states in connection with torts or other breaches of international law and human rights law. It illustrates how particular legal principles or rules can be applied or developed to promote corporate accountability, with legal duties that arise under tort law or statutory law. Businesses operate within particular legal regulatory regimes and also within the framework of obligations imposed in tort law. Such laws aim to shape or constrain behaviour for the protection of others in society. There are also environmental protection laws which aim to prevent the release of noxious or hazardous substances, and occu...
Mass Atrocity Crimes
A dozen scholars explore what can be done to combat genocide, ethnic cleansing and other crimes against humanity, which, despite grisly examples from the past century, continue to rear their ugly head today. Original.
The International Criminal Court and the Transformation of International Law: Justice for the New Millenium
Professor Sadat's book is a valuable "restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard Goldstone Published under the Transnational Publishers imprint.
Advocating Dignity
In Advocating Dignity, Jean H. Quataert explores the emergence, development, and impact of the human rights revolution following World War II. Intertwining popular local and national mobilizations for rights with ongoing developments of a formal international system of rights monitoring in the United Nations, Quataert argues that human rights advocacy networks have been a vital dimension of international political developments since 1945. Recalling the popular slogan "Think globally, act locally," she contends that postwar human rights have been shaped by the efforts of people at the grassroots. She shows that human rights politics are constituted locally and reinforced by transnational link...
Justice Across Borders
This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.
Impediments to the Prevention and Intervention of Genocide
Academics, NGOs, the United Nations, and individual nations are focused on the prevention and intervention of genocide. Traditionally, missions to prevent or intervene in genocide have been sporadic and under-resourced. The contributors to this volume consider some of the major stumbling blocks to the avoidance of genocide. Bartrop and Totten argue that realpolitik is the major impediment to the elimination of genocide. Campbell examines the lack of political will to confront genocide, and Theriault describes how denial becomes an obstacle to intervention against genocide. Loyle and Davenport discuss how intervention is impeded by a lack of reliable data on genocide violence, and Macgregor p...
Another Cosmopolitanism
In these two important lectures, distinguished political philosopher Seyla Benhabib argues that since the UN Declaration of Human Rights in 1948, we have entered a phase of global civil society which is governed by cosmopolitan norms of universal justice -- norms which are difficult for some to accept as legitimate since they are in conflict with democratic ideals. In her first lecture, Benhabib argues that this tension can never be fully resolved, but it can be mitigated through the renegotiation of the dual commitments to human rights and sovereign self-determination. Her second lecture develops this idea in detail, with special reference to recent developments in Europe (for example, the ...
The Dynamics of International Criminal Justice
This book is dedicated to the memory of Sir Richard May, who passed away on 1 July 2004, and to the rich legacy he has left behind in the area of international criminal law. It contains in-depth analyses of a range of issues critical to the development and understanding of international criminal law, written by contributors who worked in some way with Sir Richard during his tenure at the ICTY, particularly during his last years as Presiding Judge of the Milosevi? Trial. It contains a Foreword by the President of the ICTY, Theodor Meron, and substantive work in three main parts: one chapter concerning the development and understanding of human rights; five chapters addressing international criminal law issues in the context of ICTY proceedings; and two chapters focusing on substantive aspects of international criminal law. All the chapters analyse international criminal law as applied by the ICTY, as well as the ICC, ICTR and other international or hybrid criminal tribunals, and are all authored by persons in a position to give great insight into the subject matter discussed.
Amnesty for Crime in International Law and Practice
This book contains a comprehensive and well-researched study of the relationship between municipal amnesty laws and developing principles of international criminal law. It pursues a path towards defining criteria for reconciling these two delicate fields of transitional justice. It concludes with a concrete proposal for the international community of states.
