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This chapter discusses what transitional justice can be in a non-transitioning context of internationalised civil war, such as Syria since 2011. It argues that the transitional justice paradigm and its toolkit has allowed Syrian and international justice actors to counter the pervasive defeatism about the pursuit of justice for Syrians. Even when the international justice architecture is impaired, justice actors can still develop concrete initiatives to overcome the accountability gap and make a tangible difference for victims. Drawing on reports by NGOs and interviews with individuals involved in the pursuit of accountability and justice, it describes the evolution of the initial transitional justice efforts and examines the intentions of justice actors who embraced the 'toolkit' as a means of closing the accountability gap, achieve recognition, and disrupt violent state practices. The chapter illustrates why justice actors are using the paradigm of transitional justice in cases where the state is not transitional.
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Moving speeches by Nobel Peace Laureate Elie Wiesel and Chilean human rights activist Carmen Quintana are highlights of the collection. Also included is the dramatic free speech/group libel/pornography debate between celebrated US civil liberties lawyer Alan Dershowitz, Judge Maxwell Cohen (Canada), lawyer Ram Jethmalani (India), and legal theorist Kathleen Mahoney (Canada). Other papers include those by then-Canadian Justice Minister Ramon Hnatyshyn; former US Congresswoman Elizabeth Holtzman and parliamentarians Svend Robinson (Canada) and Greville Janner (United Kingdom); South African human rights lawyer Arthur Chaskalson and UK Member of Parliament Paul Boateng; and war crimes specialists Irwin Cotler (Canada), litigator David Matas (Canada), Australian Chief Justice Michael Kirby, and Allan Ryan Jr, former head of the US Office of Special Investigations. An "addenda" updates issues addressed at the conference and includes the Fourth Raoul Wallenberg Lecture on Human Rights, given by Per Ahlmark, former Deputy Prime Minister of Sweden.
Human rights --- War crimes --- Crime
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"In Asia the 'Age of Extremes' witnessed many forms of mass violence and genocide, related to the rise and fall of the Japanese Empire, the proxy wars of the Cold War, and the anti-colonial nation building processes that often led to new conflicts and civil wars. The present volume is considered an introductory reader that deals with different forms of mass violence and genocide in Asia, discusses the perspectives of victims and perpetrators alike"--
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War crimes --- Mercenary troops --- History
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‘Operational incidents’ denotes misconduct, misdeeds or mishaps that occur on military operations, whether concerning the mistreatment of enemy soldiers, offences against civilians, conflict of varying levels within one’s own forces, or accidents that lead to injury or death within a theatre of operations. Alleged breaches of IHL or the disciplinary regulations of particular militaries require at the very least an initial assessment to determine the facts and then, if warranted, a more substantial investigation. The need for robust investigations, however, is not always matched by the will and the ability to undertake them. There is at last a sufficient body of experience on which we can reflect, in this volume, on such investigations, their challenges, and their likely evolution.
War crimes investigation. --- War crime investigation --- Criminal investigation --- War crimes investigation --- Military offenses --- Investigation --- E-books
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War crimes typically are discussed in sensational terms or in the dry language of international law. In contrast, David Chuter brings clarity to this complex subject, exploring why atrocities occur and what can be done to identify perpetrators and bring them to justice. Chuter confronts the real horror of the murder, rape, and torture that are subsumed under the dispassionate phrase "serious violations of international humanitarian law." But his discerning analysis also situates war crimes in their historical and cultural context—acknowledging the social and cultural mind-sets that allow them to happen—and discusses the political and policy issues surrounding them. Offering a nuanced typology of war crimes and a thoughtful discussion of the laws relating to them, War Crimes also grapples with such troubling questions as whether the outcomes of tribunals can come close to "the truth"—and whether they can help to prevent atrocities in the future.
War crimes. --- Crimes against humanity. --- Crime --- International crimes --- Genocide --- War crimes
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In the two-and-a-half decades since the end of the Cold War, policy makers have become acutely aware of the extent to which the world today faces mass atrocities. In an effort to prevent the death, destruction and global chaos wrought by these crimes, the agendas for both national and international policy have grown beyond conflict prevention to encompass atrocity prevention, protection of civilians, transitional justice and the responsibility to protect. Yet, to date, there has been no attempt to address the topic of the prevention of mass atrocities from the theoretical, policy and practicing standpoints simultaneously. This volume is designed to fill that gap, clarifying and solidifying the present understanding of atrocity prevention. It will serve as an authoritative work on the state of the field.
Atrocities -- Prevention. --- Genocide -- Prevention. --- War crimes -- Prevention. --- Atrocities --- War crimes --- Genocide --- Prevention. --- Crime --- Military atrocities --- Cruelty
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Damning exposé of corporate complicity in Israel's illegal occupation of Palestinian land.
War (International law) --- War crimes. --- War crimes --- Arab-Israeli conflict. --- West Bank --- Gaza Strip --- International status.
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Human rights prosecutions are the most prominent mechanisms that victims demand to obtain accountability. Dealing with a legacy of gross human rights violations presents opportunities to enhance the right to justice and promote a more equal application of criminal law, a fundamental condition for a more substantive democracy in societies. This book seeks to analyse the impact, advances, and difficulties of prosecuting perpetrators of mass atrocities at national and international levels. What role does criminal justice play in redressing victims' wrongs, guaranteeing the non-repetition of mass atrocities, and attempting to overcome the damage caused by systematic human rights violations? This volume addresses critical issues in the field of human rights prosecution by drawing on the experiences of a variety of post-conflict and authoritarian countries covering three world regions. Contributing authors cover prosecutions in post-Nazi Germany, post-Communist Romania, and transnational legal complaints by victims of the Franco dictatorship, as well as domestic and third-country prosecutions for human rights violations in the pioneering South American countries of Argentina, Chile, Peru, and Uruguay, prosecutions in Darfur and Kenya, and the work of the International Criminal Court. The Impact of Human Rights Prosecutions offers insights into the difficulties human rights trials face in different contexts and regions, and also illustrates the development of these legal procedures over time. The volume will be of interest to human rights scholars as well as legal practitioners, participants, justice system actors, and policy makers.
Human rights --- Crimes against humanity. --- Criminal justice, Administration of. --- War crimes trials. --- War crimes trials.
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