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Papers originally presented at an international conference held in Australia, 2003.
While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?
Giving victims of crime a greater role in the criminal justice system is a relatively recent development, a trend likely to continue and increase in the foreseeable future. In many jurisdictions it has led to compensation schemes funded by the state, support for victims of crime to help them recover from their ordeal, and involvement of victims in decisions as to how offenders should be dealt with. This book examines developments in support for victims of crime in Asia. It shows how, contrary to the widely-held belief that Asian jurisdictions shy away from a rights based approach, there has been considerable progress in support for victims of crime in Asia, especially in Thailand and Korea, where rights for victims of crime are entrenched in constitutional provisions, and in Taiwan and Japan. Support for Victims of Crime in Asia discusses international developments, the degree to which support for victims of crime is an import into Asia from the west, and developments in a range of countries, including Thailand, Korea, Taiwan and Japan, India, China, Singapore, Malaysia, Indonesia, and the Philippines.
There are many different ways in which victims’ rights can be implemented. The implementation pattern may vary depending on the type of rights a jurisdiction offers and the purposes it seeks to achieve via these rights. However, there are a few basic aspects that remain common to the variation in the implementation patterns across jurisdictions. This book provides a theoretical and practical overview of such implementation patterns, their features and underlying differences. It presents theoretical models capturing the different types of implementations of victims’ rights and the purposes that they can achieve. The book also offers a framework comprising the essential aspects involved in...
Provides an original approach to the emerging practice of reparations for international crimes and a fresh analysis of the recent jurisprudence at the International Criminal Court.
Victimology is a relatively new and emerging interdisciplinary area that crosses the fields of criminology, law, sociology, and justice. Written by one of the world’s leading experts on victimology, this book is designed to offer a broad introduction to the subject. Unlike other texts that are organized around different types of victimization, this book is informed by a victim-centred approach that treats victims’ rights as human rights.
This volume is an inter-disciplinary scholarly resource bringing together contributions from writers, experienced academics and practitioners working in fields such as human rights, humanitarian law, public policy, psychology, cultural and peace studies, and earth jurisprudence. This collection of essays presents the most up to date knowledge and status of the field of transitional justice, and also highlights the emerging debates in this area, which are often overseen and underdeveloped in the literature. The volume provides a wide coverage of the arguments relating to controversial issues emanating from different regions of the world. The book is divided into four parts which groups differ...
Depuis les temps de la découverte, l'Australie a alimenté curiosité et fantasmes chez les Européens, puis une convoitise liée à son extraordinaire immensité, ses richesses minérales et sa diversité naturelle. Aujourd'hui la plupart de ses mystères ont été dissipés mais l'Australie fascine pourtant les Européens, comme si elle n'avait pas livré encore tous ses secrets. Peu de Français connaissent l'histoire de ce continent d'" en bas " qui, de l'autre côté de la terre, a dû conjuguer les traditions millénaires des peuples autochtones, la présence de bagnards et les exigences impériales de l'Angleterre. Devenue libre et moderne, l'Australie n'en demeure pas moins une nati...
Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
Despite the catch-cry bandied about after the Holocaust, "Never Again", genocides continue to destroy cultures and communities around the globe. In this collection of essays, Australian scholars discuss the crime of genocide, examining regimes and episodes that stretch across time and geography. Included are discussions on Australia’s own history of genocide against its Indigenous peoples, mass killing and human rights abuses in Indonesia and North Korea, and new insights into some of the core twentieth century genocides, such as the Holocaust and the Armenian Genocide. Scholars grapple with ongoing questions of memory and justice, governmental responsibility, the role of the medical professions, gendered experiences, artistic representation, and best practice in genocide education. Importantly, genocide prevention and the role of the global community is also explored within this collection. This volume of Genocide Perspectives is dedicated to Professor Colin Tatz AO, an inspirational figure in the field of human rights, and one of the forefathers of genocide studies in Australia.