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The Politics of Victimhood in Post-conflict Societies
This volume sheds new light upon the role of victims in the aftermath of violence. Victims are central actors in transitional justice, the politics of memory and conflict resolution, yet the analysis of their mobilisation and political influence in these processes has been neglected. After introducing and explaining the reasons for this limited interest, the book’s chapters focus on a range of settings and draw on different disciplines to offer insights into the interrelated themes of victimhood – victims, their individual and collective identities, and their role in and impact upon post-conflict societies – and the politics of victimhood – meaning how victimhood is defined, negotiated and contested, both socially and politically. Because it outlines a stimulating research agenda and challenges the view that victims are passive or apolitical, this interdisciplinary volume is a significant contribution to the literature and will be of interest to scholars from disciplines such as law, anthropology, political science, human rights, international studies, and to practitioners.
Confronting Evil
This groundbreaking book from one of the foremost leaders in the field presents a fascinating continuum of research-informed strategies to prevent genocide from ever taking place; to avert further atrocities once mass murder occurs; and to prevent further turmoil once a society learns how to rebuild itself.
Contracting Human Rights
By chronicling the continuing contest over the reach, range, and regime of rights, Contracting Human Rights analyzes the way forward in an era of many challenges. This multidisciplinary book contributes to building understanding of the maturation of human rights, from a dissident doctrine to a dynamic parameter of global governance and civil society. Through an examination of both global and local challenges to human rights, including loopholes, backlash, accountability, and new opportunities to move forward, this book analyzes trends across multiple-issue areas.
Transitional Justice in Italy and the Crimes of Fascism and Nazism
This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti Amnesty, the major turning point, through comparisons to th...
Nomadic Peoples and Human Rights
Although nomadic peoples are scattered worldwide and have highly heterogeneous lifestyles, they face similar threats to their mobile livelihood and survival. Commonly, nomadic peoples are facing pressure from the predominant sedentary world over mobility, land rights, water resources, access to natural resources, and migration routes. Adding to these traditional problems, rapid growth in the extractive industry and the need for the exploitation of the natural resources are putting new strains on nomadic lifestyles. This book provides an innovative rights-based approach to the issue of nomadism looking at issues including discrimination, persecution, freedom of movement, land rights, cultural...
The Hidden Histories of War Crimes Trials
Several war crimes trials are well-known to scholars, but others have received far less attention. This book assesses a number of these little-studied trials to recognise institutional innovations, clarify doctrinal debates, and identify their general relevance to the development of international criminal law.
Agency in Transnational Memory Politics
The dynamics of transnational memory play a central role in modern politics, from postsocialist efforts at transitional justice to the global legacies of colonialism. Yet, the relatively young subfield of transnational memory studies remains underdeveloped and fractured across numerous disciplines, even as nascent, boundary-crossing theories on topics such as multi-vocal, traveling, or entangled remembrance suggest new ways of negotiating difficult political questions. This volume brings together theoretical and practical considerations to provide transnational memory scholars with an interdisciplinary investigation into agency—the “who” and the “how” of cross-border commemoration that motivates activists and fascinates observers.
Francoist Repression and Incarceration in Contemporary Spanish Culture
This book examines the cultural articulation of Spanish History (and histories (remembered, meaningful experiences). It analyzes how real people and fictional characters experience the rupture of post-war repression, as their vindicating collective memory counters the authoritarian narrative and laws that demonized and criminalized them. The book, that breaks the persistent cycle of denial of Francoist malfeasance, is a resource for scholars and students who research the representation of Spain’s dictatorship, its aftermath and the recovery of postdictatorial memory.
The Right of Actio Popularis before International Courts and Tribunals
Actio Popularis before International Courts and Tribunals examines actio popularis in the context of the symbiotic relationship between procedural and substantive normativity in international law. Actio popularis is an important procedural tool devised to address the challenges posed by the relativization of substantive normativity and recognition of norms established to protect collective interests in international law. Farid Ahmadov’s analysis underlines the ineffectiveness of bipolar litigation in enforcement of collective obligations in international law and the importance of introducing new procedural mechanisms to address the challenges posed by the transition from bilateralist to multilateralist normativity. The volume highlights the subtle link between interpretation of standing rules and the ways in which judicial policy concerns inform decisions of international courts and tribunals on admissibility of actio popularis.
Germany's efforts in prosecuting international crimes in Syria. A promising shift from a "No-Safe-Haven" towards a "Global-Enforcer" approach?
Master's Thesis from the year 2019 in the subject Law - Penology, grade: 1,4, Maastricht University, language: English, abstract: The purpose of this paper is to evaluate on whether the use of ‘structural investigations’ (in Syria) indicate a promising shift in the German practice of the CCAIL from a ‘no-safe-haven’ towards a ‘global-enforcer’ approach. In order to do so, the following steps will be taken: First, there will be an assessment of the two main legal provisions and their underlying ratio that are relevant for the practice of the CCAIL and their interplay, namely §1 CCAIL (providing genuine universal jurisdiction to German courts for International Crimes) and §153f C...
