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Judicial Dialogue on Human Rights
Judicial Dialogue on Human Rights offers a critical legal perspective on the manner in which international criminal tribunals select, (re-)interpret and apply the principles and standards formulated by the European Court of Human Rights. A part of the book is devoted to testing the assumption that the current practice of cross-referencing, though widespread, is incoherent in method and erratic in substance. Notable illustrations analysed in the book include the nullum crimen principle, prohibition of torture, hearsay evidence and victims’ rights. Another section of the book seeks to devise a methodologically sound ‘grammar’ of judicial dialogue, focussing on how and when human rights concepts may be transferred into the context of international criminal justice.
International Law
International Law provides a comprehensive theoretical examination of the key areas of international law. In addition to classic cases and materials, Carlo Focarelli addresses the latest relevant international practice to illustrate contemporary themes and trends in international law and to examine its most topical challenges.
The International Criminal Court in Search of its Purpose and Identity
The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in ...
Law and Memory
The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.
Principles of International Criminal Law
Principles of International Criminal Law is one of the leading textbooks in the field of international criminal justice. This fourth edition retains the detailed and systematic approach of previous editions, whist adding substantial new material on new theories, laws, and prosecutions.
Holocaust and Genocide Denial
This book provides a detailed analysis of one of the most prominent and widespread international phenomena to which criminal justice systems has been applied: the expression of revisionist views relating to mass atrocities and the outright denial of their existence. Denial poses challenges to more than one academic discipline: to historians, the gradual disappearance of the generation of eyewitnesses raises the question of how to keep alive the memory of the events, and the fact that negationism is often offered in the guise of historical 'revisionist scholarship' also means that there is need for the identification of parameters which can be applied to the office of the 'genuine' historian....
Cultural Heritage in the European Union
Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.
Human Rights in Times of Transition
This timely book explores the extent to which national security has affected the intersection between human rights and the exercise of state power. It examines how liberal democracies, long viewed as the proponents and protectors of human rights, have transformed their use of human rights on the global stage, externalizing their own internal agendas.
Intersections of Law and Memory
This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of ‘legal institutions of memory’...
Spectacles and Specters
Spectacles and Specters draws on theories of performativity to conceptualize the entanglements of law and political violence, offering a radical departure from accounts that consider political trials as instrumental in exercising or containing political violence. Legal scholar Başak Ertür argues instead that making sense of the often incalculable interpenetrations of law, politics, and violence in trials requires shifting the focus away from law’s instrumentality to its performativity. Ertür develops a theory of political trials by reconstructing and building on a legacy of critical thought on Nuremberg in close engagement with theories of performativity. She then offers original case s...
