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While international criminal courts have often been declared as bringing 'justice' to victims, their procedures and outcomes historically showed little reflection of the needs and interests of victims themselves. This situation has changed significantly over the last sixty years; victims are increasingly acknowledged as having various 'rights', while their need for justice has been deployed as a means of justifying the establishment of international criminal courts. However, it is arguable that the goals of political and legal elites continue to be given precedence, and the ability of courts to deliver 'justice to victims' remains contested. This book contributes to this important debate thr...
Sexual Violence on Trial provides a contemporary critical examination of the investigation, prosecution and cultural contexts of sexual violence. It draws on Northern Ireland as a case study, while also drawing on experiences from other jurisdictions across the United Kingdom and island of Ireland. Public and academic debates concerning the high-profile ‘Belfast/Rugby Rape Trial’ and the subsequent Gillen review of the arrangements to deliver justice in serious sexual offence cases have been mirrored at a global level with movements such as #MeToo and #TimesUp. This book brings together the perspectives of practitioners and academics to discuss contemporary challenges surrounding the soc...
This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.
War devastates the lives of those who are caught up in it. For thousands of years, reparations have been used to secure the end of war and alleviate its deleterious consequences. More recently, human rights law has established that victims have a right to reparations. Yet, in the face of conflicts that last for decades with millions of victims, how feasible are reparations? And what are the obstacles to delivering them? Using interviews with hundreds of victims, ex-combatants, government officials, and civil society actors from six post-conflict countries, Reparations and War examines the history, theoretical justifications, and practical challenges of implementing reparations after war. It examines the role of non-state armed groups in making reparations, the role of victim mobilisation, the evolving use of reparations, and the political instrumentalization of redress. Luke Moffett offers a measured and honest account of what reparations can and cannot do. This book sheds new light on how reparations can be politically manipulated, or used to reward those loyal to the State, rather than to achieve justice for the victims who suffer.
This first volume in green criminology devoted to gender investigates gendered patterns to offending, victimisation and environmental harms. It includes feminist and intersectional analysis, and original case studies from the Global North and Global South. The book also examines actions that have been taken in response to gendered crimes and harms, together with insights on the gendered nature of resistance. The collection advances debate on green crimes, environmental harm and climate change, and will inspire students and researchers to foreground gender in debates about reducing and transforming the challenges affecting our planet’s future.
This work is the first to examine the expressive and communicative functions of law in a comprehensive way in the field of atrocity crime. It shows that expression and communication are not only inherent parts of the punitive functions of international criminal justice, but are represented in a whole spectrum of practices.
A political economy analysis that explains international criminal law's hegemonic status in the understanding of global justice.
This book examines the creation and operation of the Extraordinary Chambers in the Courts of Cambodia (ECCC), which is a hybrid domestic/international tribunal tasked with putting senior leaders of the Khmer Rouge on trial. It argues that the ECCC should be considered an example of illiberal transitional justice, where the language of procedure is strongly adhered to but political considerations often rule in reality. The Cambodian government spent nearly two decades addressing the Khmer Rouge past, and shaping its preferred narrative, before the involvement of the United Nations. It was a further six years of negotiations between the Cambodian government and the United Nations that determined the unique hybrid structure of the ECCC. Over more than a decade in operation, and with three people convicted, the ECCC has not contributed to the positive goals expected of transitional justice mechanisms. Through the Cambodian example, this book challenges existing assumptions and analyses of transitional justice to create a more nuanced understanding of how and why transitional justice mechanisms are employed.
This book unlocks the look, sound, smell, taste, and feel of justice for massive human rights abuses. Twenty-nine expert authors examine the dynamics of the five human senses in how atrocity is perceived, remembered, and condemned. This book is chockful of images. It serves up remarkably diverse content. It treks around the globe: from Pacific war crimes trials in the aftermath of the Second World War to Holocaust proceedings in contemporary Germany, France, and Israel; from absurd show trials in Communist Czechoslovakia to international courtrooms in Arusha, Phnom Penh, and The Hague. Readers embark on a journey that transcends myriad dimensions, including photographic representations of gr...
This handbook explores the dynamic new field of Environmental Restorative Justice. Authors from diverse disciplines discuss how principles and practices of restorative justice can be used to address the threats and harms facing the environment today. The book covers a wide variety of subjects, from theoretical discussions about how to incorporate the voice of future generations, nature, and more-than-human animals and plants in processes of justice and repair, through to detailed descriptions of actual practices of Environmental Restorative Justice. The case studies explored in the volume are situated in a wide range of countries and in the context of varied forms of environmental harm – f...