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Mass Atrocities, Risk and Resilience examines the relationship between risk and resilience in the prevention of genocide and other mass atrocities and explores two broad areas of neglect. In terms of prevention, there is very little research that analyzes how local and national actors manage the risk associated with mass atrocities. In the field of comparative genocide studies, to date there has been very little interest in examining negative cases. Although much is known about why mass atrocities occur, much less is established about why they do not occur. The contributions in this book address this neglect in two important ways. First, they challenge commonly-accepted approaches to prevention. Second, they explore negative cases in order to better understand how local and national actors have mitigated risk over time.

Atrocities --- Crimes against humanity --- Atrocités --- Crimes contre l'humanité --- Prevention --- Prévention --- Crime --- International crimes --- Genocide --- War crimes --- Military atrocities --- Cruelty --- Prevention.

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Crimes against humanity --- International law --- International crimes --- International relations --- Genocide --- World history --- Crimes contre l'humanité --- Droit international pénal --- Relations internationales --- Histoire universelle --- Balkan Peninsula --- Turkey --- Balkans --- Balkan Peninsula. --- Turkey. --- History --- Foreign relations --- Histoire

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This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.

Genocide --- Reparations for historical injustices --- War reparations --- Redress for historical injustices --- Reparation for historical injustices --- Reparations --- Reparations for past injustices --- Restitution for historical injustices --- Indemnity --- Social justice --- Reparations, War --- Cleansing, Ethnic --- Ethnic cleansing --- Ethnic purification --- Ethnocide --- Purification, Ethnic --- Crime --- Economic aspects --- Law and legislation --- Restorative justice --- Crimes against humanity --- Génocide --- Réparations de guerre --- Réparations des crimes de l'histoire --- Justice réparatrice --- Crimes contre l'humanité --- Aspect économique --- Law of armed conflicts. Humanitarian law --- Human rights --- Criminology. Victimology --- Génocide --- Réparations des crimes de l'histoire --- Crimes contre l'humanité --- Dommages de guerre --- Droit humanitaire --- Guerre mondiale (1939-1945) --- Juifs --- Aspect économique --- Indemnités --- Confiscations et contributions --- Persécutions

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Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.

Political philosophy. Social philosophy --- Humanitarian law. --- Guerre juste --- Grotius, Hugo, --- War (Philosophy) --- War (Philosophy). --- War crimes --- Just war doctrine --- Crimes against humanity --- Guerre (Philosophie) --- Crimes de guerre --- Droit international humanitaire --- Crimes contre l'humanité --- History. --- History --- Histoire --- Yougoslavie --- Just war doctrine. --- War --- Philosophy --- Jus ad bellum --- Moral and ethical aspects --- Religious aspects --- Arts and Humanities

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The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.

Human Rights --- Victims of crimes --- Criminal justice, Administration of --- Legal status, laws, etc --- Tribunaux criminels internationaux --- Crimes contre l'humanité --- Procès --- Cour pénale internationale --- Tribunaux criminels internationaux. --- Procès. --- Human rights --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Administration of criminal justice --- Justice, Administration of --- Crime --- Criminal law --- Criminals --- Law and legislation --- Human rights. --- Criminal justice, Administration of. --- LAW / Criminal Procedure --- Legal status, laws, etc. --- Victims of crimes - Legal status, laws, etc