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Most discourses on victims in international criminal justice take the subject of victims for granted, as an identity and category existing exogenously to the judicial process. This book takes a different approach. Through a close reading of the institutional practices of one particular court, it demonstrates how court practices produce the subjectivity of the victim, a subjectivity that is profoundly of law and endogenous to the enterprise of international criminal justice. Furthermore, by situating these figurations within the larger aspirations of the court, the book shows how victims have come to constitute and represent the link between international criminal law and the enterprise of transitional justice. The book takes as its primary example the Extraordinary Chambers in the Courts of Cambodia (ECCC), or the Khmer Rouge Tribunal as it is also called. Focusing on the representation of victims in crimes against humanity, victim participation and photographic images, the book engages with a range of debates and scholarship in law, feminist theory and cultural legal theory. Furthermore, by paying attention to a broader range of institutional practices, Figuring Victims makes an innovative scholarly contribution to the debates on the roles and purposes of international criminal justice.
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"Even though the injustices occurring against the Palestinians are alarming, no government is assisting the victims. The gavel of lady justice has been stolen by the permanent members of the Security Council, and thus, no state has spoken out against the injustices. The judges and prosecutors of the international courts are threatened by the dialogues of the powerful authorities, and they even celebrate the mourning of the broken dreams of the innocent children. The Palestinian population has been subjected to genocide, annihilation, banishment, and terror at the hands of the grandchildren of those who themselves greatly suffered from the genocide in Europe - and still this situation has been referred to as the deal of the century. For a long period of time, the territorial integrity, the traditional sovereignty, the spiritual capital, and the international legal personality of one of the oldest nations of the world have been suffering, arguably to feed the political laundering of other nations. Without any hesitation, the principles of dignity, justice, and equality allegedly upheld by the United Nations should be questioned given the inequity in voting and membership within the organisation. This book seeks bare justice and to tackle the grave violations of international criminal justice in Palestine and elucidate the fact that the notions of irresponsibility, non-accountability, and impunity are stronger than the corpus of the permanent International Criminal Court"--
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"The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the Court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC"--Publisher's description.
Victims of crimes (International law) --- Victims of crimes --- Legal status, laws, etc. --- International Criminal Court. --- Victims of international crimes --- International criminal law --- U.N. International Criminal Court --- United Nations. --- ICC --- CPI --- Cour pénale internationale --- Corte Penal Internacional --- Internationella brottmålsdomstolen --- Pengadilan Pidana Internasional --- Kokusai Keiji Saibansho --- Mezhdunarodnyĭ ugolovnyĭ sud --- Međunarodni kazneni sud --- Międzynarodowy Trybunał Karny --- Maḥkamat al-Jināʼīyah al-Duwalīyah --- Guo ji xing shi fa yuan --- 国际刑事法院 --- Samnakngān ʻAyakān Sān ʻĀyā Rawāng Prathēt --- Tribunal Penal Internacional --- Uluslararası Ceza Mahkemesi --- UCM
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In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several articles address this matter with a view to the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia and the trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume for the first time brings together international scholars from international criminal law, political science, peace and conflict studies, anthropology and sociology as well as practitioners to contribute to the understanding of the role victims play in processes dealing with serious human rights violations. It is of special interest to academics and practitioners in the aforementioned fields and to anyone taking the victim’s rights to heart. Thorsten Bonacker is Professor of Peace and Conflict Studies at the Center for Conflict Studies at the University of Marburg. Christoph Safferling is Professor for Criminal Law, Criminal Procedure, International Criminal Law, and Public International Law at the University of Marburg, as well as Director of the International Research and Documentation Center for War Crimes Trials.
Criminal procedure (International law). --- International criminal courts. --- Victims of crimes -- Legal status, laws, etc. --- Witnesses -- Protection. --- Social Welfare & Social Work --- International Law --- Social Sciences --- Law, Politics & Government --- Criminology, Penology & Juvenile Delinquency --- Treaties, International --- Victims of crimes (International law) --- Victims of crimes. --- International crimes. --- Crimes, International --- International crime --- International offenses --- Crime victims --- Victimology --- Law. --- International relations. --- Public international law. --- Human rights. --- International humanitarian law. --- International criminal law. --- International Humanitarian Law, Law of Armed Conflict. --- International Criminal Law. --- Human Rights. --- Public International Law. --- International Relations. --- Crime --- Victims --- International Criminal Law . --- Public International Law . --- Coexistence --- Foreign affairs --- Foreign policy --- Foreign relations --- Global governance --- Interdependence of nations --- International affairs --- Peaceful coexistence --- World order --- National security --- Sovereignty --- World politics --- Law of nations --- Nations, Law of --- Public international law --- Law --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Humanitarian conventions --- International humanitarian law --- War (International law) --- Law and legislation
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