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People’s Tribunals, Human Rights and the Law
People’s Tribunals are independent, peaceful, grassroots movements, created by members of civil society, to address impunity that is associated with ongoing or past atrocities. As such, they offer society an alternative history and create a space for healing and reconciliation to take place that may otherwise be stifled by political agendas and legal technicalities. Since the 1960’s, People’s Tribunals have grown and developed to address many kinds of situations, from genocide to environmental degradation. This book presents a balance of academic and practitioner perspectives on People’s Tribunals. It explores key questions relating to their formation and roles and discusses what the...
Green Crimes and International Criminal Law
‘Green Crimes and International Criminal Law’ examines crimes against the environment, which impact not only humans, but also wildlife and ecosystems more generally. A significant point of discussion in the volume is whether green crimes can fit effectively into existing international criminal law frameworks or not. Chapter authors explore these crimes from both a definitional and theoretical perspective and in various contexts in different parts of the world, questioning whether these violations have led to or are violations of international criminal law. While the recognition of green crimes in the international criminal law community has been slow, it has increasingly gained widesprea...
Human Rights and Power in Times of Globalisation
How does globalisation affect the ability of human rights to constrain power? This is the central question of this volume that tackles the issue from a variety of perspectives. It covers such branches of international law and human rights as diplomatic protection, powers of the UN Security Council, responsibility of international organisations, accountability of multinational corporations, third-generation rights, law of armed conflict, and state sovereignty. The contributions problematize the role of human rights and call for rethinking of the structure and functioning of human rights. The contributions adopt a variety of disciplinary perspectives that all elucidate difficulties human rights face in a globalised world and suggest ways forward.
The Jurisdiction of the International Criminal Court
The book provides a holistic examination of the jurisdiction of the International Criminal Court (ICC). The main focus is placed on the three pillars which form the ICC’s foundation pursuant to the Rome Statute: the preconditions to the exercise of its jurisdiction (Article 12 Rome Statute) the substantive competence, i.e. the core crimes (Article 5-8bis Rome Statute, i.e. genocide, crimes against humanity, war crimes, crime of aggression) the principle of complementarity (Article 17§1 (a) Rome Statute) The latter governs the ICC's ‘ultimate jurisdiction’, since it is not merely sufficient for a crime to be within the Court's jurisdiction (according to the substantive, geographical, personal and temporal jurisdictional criteria), but the State Party must also be unwilling or unable genuinely to carry out the investigation or prosecution. Finally yet importantly, the main ‘negative preconditions’ for the Court’s jurisdiction, i.e. immunities (Article 27 Rome Statute) and exceptions via Security Council referrals are thoroughly examined.The book is an excellent resource for scholars as well as practitioners and notably contributes to the existing literature.
Is the International Legal Order Unraveling?
This book grows out of the work of a study group convened by the American Branch of the International Law Association. The group had a mandate to examine threats to the rules-based international order and possible responses. The several chapters in the book-all of which are written by distinguished international law scholars--generally support the conclusion that the rules-based international order confronts significant challenges, but it is not unraveling--at least, not yet. Climate change is the biggest wild card in trying to predict the future. If the world's major powers--especially the United States and China--cooperate with each other to combat climate change, then other threats to the...
The Human Right to Citizenship
The open access publication of this book has been published with the support of the Swiss National Science Foundation. This book offers a comprehensive analysis of the right to citizenship in international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one’s effective connections to that state according to the principle of jus nexi.
De-Commemoration
In the wake of recent protests against police violence and racism, calls to dismantle problematic memorials have reverberated around the globe. This is not a new phenomenon, however, nor is it limited to the Western world. De-Commemoration focuses on the concept of de-commemoration as it relates to remembrance. Drawing on research from experts on memory dynamics across various disciplines, this extensive collection seeks to make sense of the current state of de-commemoration as it transforms contemporary societies around the world.
New Perspectives on the Structure of Transnational Criminal Justice
National criminal justice systems are slowly integrating in an effort to combat cross border criminality. New Perspectives on the Structure of Transnational Criminal Justice provides a forum for critical perspectives on this evolving system, with the goal of testing and challenging conceptions of transnational criminal law. Collectively, the papers in this special issue investigate the main symbolic and material characteristics of this space of justice, how it is organized and what dynamics shape its functionality and impact.
Detention Camps in Asia
Detention camps in Asia have held hundreds of thousands of people – political dissidents, prisoners of war, and civilian populations. This volume examines why states detain, the conditions of detention, and the effects of detention systems on society as a whole.
