criminal law reform and transitional justice human rights perspectives for sudan international and comparative criminal justice

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Criminal Law Reform And Transitional Justice

Author : Lutz Oette
ISBN : 9781317157908
Genre : Political Science
File Size : 34. 48 MB
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Sudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns. This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice. For the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives. The book provides valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. It also considers what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process.

International Criminal Law

Author : Edwin Bikundo
ISBN : 9781317114222
Genre : Law
File Size : 27. 89 MB
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This book analyses the relationship between law and violence, the utility of law over violence and whether legality as an approach has an inherent disability in addressing mass violence as a crime. The study is located within international law and assesses whether prosecuting political violence would necessarily entail an abuse of the legal process. The intention is to encourage definition of criminal aggression via legal processes laid down by the International Criminal Court, rather than giving favour to political action under the United Nations Charter. Issues discussed in the book include the controversies over the location of the crime of aggression in either law or politics, taking a legal approach to the problems outlined. Using examples from Libya, the Ivory Coast, and Kenya, the work will be of interest to those working in the areas of international criminal justice, international law, legal theory, and international relations.

Comparative International And Global Justice

Author : Cyndi Banks
ISBN : 9781506337296
Genre : Law
File Size : 90. 88 MB
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Comparative, International and Global Justice: Perspectives from Criminology and Criminal Justice presents and critically assesses a wide range of topics relevant to criminology, criminal justice and global justice. The text is divided into three parts: comparative criminal justice, international criminology, and transnational and global criminology. Within each field are located specific topics which the authors regard as contemporary and highly relevant and that will assist students in gaining a fuller appreciation of global justice issues. Authors Cyndi Banks and James Baker address these complex global issues using a scholarly but accessible approach, often using detailed case studies. The discussion of each topic is a comprehensive contextualized account that explains the social context in which law and crime exist and engages with questions of explanation or interpretation. The authors challenge students to gain knowledge of international and comparative criminal justice issues and think about them in a critical manner. It has become difficult to ignore the global and international dimensions of criminal justice and criminology and this text aims to enhance criminal justice education by focusing on some of the issues engaging criminology worldwide, and to prepare students for a future where fields of study like transnational crime are unexceptional.

Model Codes For Post Conflict Criminal Justice General Part Definitions Fundamental Principles Jurisdiction Ne Bis In Idem Statutory Limitations Time And Place Of Commission Of A Criminal Offense Criminal Offense Criminal Responsibility And Commission Of A Criminal Offense Criminal Responsibility Of Legal Persons Justification And Excusal Of Criminal Responsibility Criminal Attempt Participation In A Criminal Offense Penalties Confiscation Of The Proceeds Of Crime And Property Dispositions Applicable To Juveniles And Adults On Trial For Criminal Offenses Committed As Juveniles

Author : Vivienne M. O'Connor
ISBN : 1601270127
Genre : Law
File Size : 90. 87 MB
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These volumes are the culmination of a five-year project to produce a criminal law reform tool tailored to the needs of countries emerging from conflict.

The Right To Reparation In International Law For Victims Of Armed Conflict

Author : Christine Evans
ISBN : 9781107019973
Genre : Law
File Size : 32. 54 MB
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Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.

Transitional Justice In Latin America

Author : Elin Skaar
ISBN : 9781317526209
Genre : Law
File Size : 20. 80 MB
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This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.

Globalizing Transitional Justice

Author : Ruti G. Teitel
ISBN : 9780190291136
Genre : Law
File Size : 87. 21 MB
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Among the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Whether one thinks of the Middle East, South Africa, the Balkans, Latin America, or Cambodia, an extraordinary amount of knowledge has been gained and processes instituted through transitional justice. No longer a byproduct or afterthought, transitional justice is unquestionably the driver of political change. In Globalizing Transitional Justice, Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice since her book Transitional Justice published back in 2000. In this new book, Teitel focuses on the ways in which transitional justice concepts have found legal expression, especially through human rights law and jurisprudence, and international criminal law. These essays shed light on some of the difficult choices encountered in the design of transitional justice: criminal trials vs. amnesties, or truth commissions; domestic or international processes; peace and reconciliation vs. accountability and punishment. Transitional justice is considered not only in relation to political events and legal developments, but also in relation to the broader social and cultural tendencies of our times.

Justice In Conflict

Author : Mark Kersten
ISBN : 9780191082948
Genre : Law
File Size : 27. 41 MB
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What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

The Pinochet Effect

Author : Naomi Roht-Arriaza
ISBN : 0812219740
Genre : Law
File Size : 86. 89 MB
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What Pinochet's arrest has taught us about transnational justice and international jurisdiction.

Justiciability Of Human Rights Law In Domestic Jurisdictions

Author : Alice Diver
ISBN : 9783319240169
Genre : Law
File Size : 36. 59 MB
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This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ‘right’ to dignity can best be promoted, protected or monitored by domestic decision-makers. Similar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ‘rights,’ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable. Readers of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts.

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