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Gender and Transitional Justice
Gender and Transitional Justice provides the first comprehensive feminist analysis of the role of international law in formal transitional justice mechanisms. Using East Timor as a case study, it offers reflections on transitional justice administered by a UN transitional administration. Often presented as a UN success story, the author demonstrates that, in spite of women and children’s rights programmes of the UN and other donors, justice for women has deteriorated in post-conflict Timor, and violence has remained a constant in their lives. This book provides a gendered analysis of transitional justice as a discipline. It is also one of the first studies to offer a comprehensive case study of how women engaged in the whole range of transitional mechanisms in a post-conflict state, i.e. domestic trials, internationalised trials and truth commissions. The book reveals the political dynamics in a post-conflict setting around gender and questions of justice, and reframes of the meanings of success and failure of international interventions in the light of them.
Strategic Litigation and Corporate Complicity in Crimes Under International Law
This book provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes. The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives....
Restorative Justice at a Crossroads
This book reflects on the institutionalisation of restorative justice over the last 20 years and offers a critical analysis of the qualitative consequences generated by such a process on the normative structure of restorative justice, and on its understanding and uses in practice. Bringing together an international collection of leading scholars, this book provides a range of context-sensitive case studies that enhance our understanding of the development of international, national and institutional policy frameworks for restorative justice, the mainstreaming of practices within the criminal justice system, the proliferation of cultural, social and political co-optations of restorative justice and the ways in which the formalisation of the restorative justice movement have affected its values, aims and goals.
European Perspectives on Pre-Trial Detention
High levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent. In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases in Europe influence policy and practice. Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.
Criminalising Coercive Control
Drawing on experiences from other jurisdictions within the UK, Criminalising Coercive Control explores the challenges and potential successes which may be faced in implementing Northern Ireland’s new domestic abuse offence. A specific offence of domestic abuse was introduced in Northern Ireland in March 2021. This represents a crucial development in Northern Ireland’s response to domestic abuse. The new legislation has the effect of criminalising coercive and controlling behaviour, thereby bringing Northern Ireland into line with other jurisdictions within the UK, and also with relevant human rights standards in this regard. The book begins with a discussion regarding the offence itself ...
Sexual Offences Against Children in India
Sexual Offences Against Children in India examines the evolution of the law pertaining to sexual violence against children, the judicial decisions since the inception of the POCSO Act till date with respect to aspects of the POCSO Act and the best practices from other developed jurisdictions for handling cases and victims of child abuse. Despite being prevalent, violence against children is often hidden or underreported, though its impact is widely acknowledged. In a country like India the vocabulary to communicate around sexuality and sexual abuse is almost non-existent. India has seen its journey from having no law on sexual abuse of children to having a “special” law in the form of th...
Antisemitism, Islamophobia and the Politics of Definition
This book, the first to explore the politics of definitions from an interdisciplinary perspective, encourages readers to reconsider the value and limits of definitions in confronting antisemitism and Islamophobia. In recent years, definitions of antisemitism and Islamophobia have become central to the struggle to combat the hostility, harassment and discrimination experienced by Jews and Muslims. Yet these definitions have also provoked fierce controversy: critics have questioned whether they are fit for purpose, or have criticised them as unwelcome attempts to restrict freedom of expression. In this edited collection, historians, social scientists and philosophers reflect on definitions of antisemitism and Islamophobia in both the past and the present. Its contributors investigate the different historical contexts which have shaped definitions and examine their different political purposes and meanings, as well as addressing contemporary debates, and identifying ways for us to move beyond our current impasse. This book therefore provides a broad and new perspective from which to comprehend present day minority politics.
First Do No Harm: Medical Ethics in International Humanitarian Law
Although working on the sidelines of armed conflicts, physicians are often at the centre of attention. First Do No harm: Medical Ethics in International Humanitarian Law was born from the occasionally controversial role of physicians in recent armed conflicts and the legal and ethical rules that frame their actions. While international humanitarian, human rights and criminal law provide a framework of rights and obligations that bind physicians in armed conflicts, the reference to ‘medical ethics’ in the laws of armed conflict adds an extra-legal layer. In analysing both the legal and the ethical framework for physicians in armed conflict, the book is invaluable to practitioners and legal scholars alike.
Experiencing War
This edited collection explores aspects of contemporary war that affect average people –physically, emotionally, and ethically through activities ranging from combat to television viewing. The aim of this work is to supplement the usual emphasis on strategic and national issues of war in the interest of theorizing aspects of war from the point of view of individual experience, be the individual a combatant, a casualty, a supporter, opponent, recorder, veteran, distant viewer, an international lawyer, an ethicist or other intellectual. This volume presents essays that push the boundaries of war studies and war thinking, without promoting one kind of theory or methodology for studying war as...
Narratives on Prison Governmentality
Narratives on Prison Governmentality explores prison governmentality through the analysis of letters of prisoners. The collection of testimonies represents the opportunities and difficulties of resisting in a place of power, which, in recent years, has become more sophisticated and effective. In recent years there has been a progressive individualisation of the prison population and a continuous erosion of solidarity. The condition of prisoners is influenced by renewed governmental logic that has become more effective for management and even reproduced by the prisoners themselves. Italian prison governmentality has been presented in its softest and hardest discursive forms and material regim...
