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 : 65. 63 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 : 49. 18 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.

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 : 25. 74 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 : 75. 66 MB
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Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.

Globalizing Transitional Justice

Author : Ruti G. Teitel
ISBN : 9780190291136
Genre : Law
File Size : 24. 49 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.

Justiciability Of Human Rights Law In Domestic Jurisdictions

Author : Alice Diver
ISBN : 9783319240169
Genre : Law
File Size : 21. 84 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.

Traditional Justice And Reconciliation After Violent Conflict

Author : Lucien Huyse
ISBN : 9185724289
Genre : Law
File Size : 76. 90 MB
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This book presents the findings of a major comparative study examining the role played by traditional justice mechanisms in dealing with the legacy of violent conflict in Africa. It focuses on case studies of five countries -- Rwanda, Mozambique, Uganda, Sierra Leone and Burundi - that are used as the basis for outlining conclusions and options for future policy development in the related areas of post-conflict reconstruction, democracy building and development. "Traditional Justice & Reconciliation After Violent Conflict" suggests that in some circumstances traditional mechanisms can effectively complement conventional judicial systems and represent a real potential for promoting justice, reconciliation and a culture of democracy. At the same time it cautions against unrealistic expectations of traditional structures and offers a sober, evidence-based assessment of both the strengths and the weaknesses of traditional conflict management mechanisms within the broader framework of post-conflict social reconstruction efforts. The book is intended to serve both as a general knowledge resource and as a practitioner's guide for national bodies seeking to employ traditional justice mechanisms, as well as external agencies aiming to support such processes.

Sudanese Women In The United States

Author : Asma M. Abdel Halim
ISBN : UOM:39015069131277
Genre : History
File Size : 77. 58 MB
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This is a qualitative study of the experiences of circumcised Sudanese women in the United States. It looks into how immigration has affected the cultural perceptions of women, and in particular, their views on female circumcision. Questions and conversations with the women in this study focused on what has changed in their lives that resulted in a change of attitude or behavior.

The Pinochet Effect

Author : Naomi Roht-Arriaza
ISBN : 0812219740
Genre : Law
File Size : 24. 59 MB
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What Pinochet's arrest has taught us about transnational justice and international jurisdiction.

Comparative And International Policing Justice And Transnational Crime

Author : Sesha Kethineni
ISBN : 1611634431
Genre : Political Science
File Size : 23. 90 MB
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Comparative and International Policing, Justice, and Transnational Crime provides a rich reservoir of thought-provoking original articles written by international criminal justice, policing, and legal scholars. Many of the articles not only share a central theme (e.g., the policing of dependent sovereignties) but also focus on how various issues are addressed by international treaties and policing or law enforcement agencies. The articles are drawn from historical, contemporary, and controversial topics. The main objectives are to provide students with a comprehensive understanding of various international issues, from historical to contemporary perspectives; incorporate topics that are important, yet ignored in many international criminal justice books; and generate scholarly discussion among students.

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