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This book is about money, war, atrocities and economic actors, about the connections between them, and about responsibility.
This volume considers the dynamic relations between the contemporary practices of international criminal tribunals and the ways in which competing histories, politics and discourses are re-imagined and re-constructed in the former Yugoslavia and beyond. There are two innovative aspects of the book - one is the focus on narratives of justice and their production, another is in its comparative perspective. While legal scholars have tended to analyze transitional justice and the international war tribunals in terms of their success or failure in establishing the facts of war crimes, this volume goes beyond mere facts and investigates how the courts create a symbolic space within which competing...
In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function.
This casebook addresses selected precedent-setting rulings of various international human rights and international criminal courts with a focus on the child victims of international crimes and human rights abuses. The cases are analysed from the children’s human rights perspective and the question is examined as to what extent the aforementioned courts are according these children justice. The scope of the book is thus limited to the consideration of these representative important cases concerning violations of (a) international human rights and humanitarian law and (b) international criminal law involving child victims and the judicial remedies accorded or denied these victims and their f...
This book provides expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.
"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"--
International crimes, such as genocide and crimes against humanity, are complex and difficult to prove, so their prosecutions are costly and time-consuming. As a consequence, international tribunals and domestic bodies have recently made greater use of guilty pleas, many of which have been secured through plea bargaining. This book examines those guilty pleas and the methods used to obtain them, presenting analyses of practices in Sierra Leone, East Timor, Cambodia, Argentina, Bosnia, and Rwanda. Although current plea bargaining practices may be theoretically unsupportable and can give rise to severe victim dissatisfaction, the author argues that the practice is justified as a means of increasing the proportion of international offenders who can be prosecuted. She then incorporates principles drawn from the domestic practice of restorative justice to construct a model guilty plea system to be used for international crimes.
Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China’s legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China’s newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China’s deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With co...