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Rwanda's Gacaca courts provide an innovative response to the genocide of 1994. Incorporating elements of both African dispute resolution and of Western-style criminal courts, Gacaca courts are in line with recent trends to revive traditional grassroots mechanisms as a way of addressing a violent past. Having been devised as a holistic approach to prosecution and punishment as well as to healing and repairing, they also reflect the increasing importance of victim participation ininternational criminal justice. This book critically examines the Gacaca courts' achievements as a mechanism of crimi
Gacaca justice system. --- Trials (Genocide) --- Transitional justice --- Reparation (Criminal justice) --- Rwanda --- History --- Compensation for victims of crime --- Criminal restitution --- Reparation --- Restitution (Criminal justice) --- Restitution for victims of crime --- Remedies (Law) --- Justice --- Human rights --- Justice, Administration of
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Criminal tribunals, truth commissions, reparations, apologies and memorializations are the characteristic instruments in the transitional justice toolkit that can help societies transition from authoritarianism to democracy, from civil war to peace, and from state-sponsored extra-legal violence to a rights-respecting rule of law. Over the last several decades, their growing use has established transitional justice as a body of both theory and practice whose guiding norms and structures encompasses the range of institutional mechanisms by which societies address the wrongs committed by past regimes in order to lay the foundation for more legitimate political and legal order.In Transitional Justice, a group of leading scholars in philosophy, law, and political science settles some of the key theoretical debates over the meaning of transitional justice while opening up new ones. By engaging both theorists and empirical social scientists in debates over central categories of analysis in the study of transitional justice, it also illuminates the challenges of making strong empirical claims about the impact of transitional institutions. Contributors: Gary J. Bass, David Cohen, David Dyzenhaus, Pablo de Greiff, Leigh-Ashley Lipscomb, Monika Nalepa, Eric A. Posner, Debra Satz, Gopal Sreenivasan, Adrian Vermeule, and Jeremy Webber.
Transitional justice --- Reparation (Criminal justice) --- Criminal justice, Administration of --- Political crimes and offenses --- Political crimes and offenses. --- Law --- Political science --- General. --- LAW / General. --- POLITICAL SCIENCE / General. --- Criminal justice, Administration of. --- Transitional justice. --- Administration of criminal justice --- Justice, Administration of --- Crime --- Criminal law --- Criminals --- Compensation for victims of crime --- Criminal restitution --- Reparation --- Restitution (Criminal justice) --- Restitution for victims of crime --- Remedies (Law) --- Justice --- Human rights --- Law and legislation --- Transitional justice - Congresses --- Reparation (Criminal justice) - Congresses --- Criminal justice, Administration of - Congresses
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In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States.
War reparations. --- Restorative justice. --- Reparations for historical injustices. --- Reparation (Criminal justice) --- Compensation for victims of crime --- Criminal restitution --- Reparation --- Restitution (Criminal justice) --- Restitution for victims of crime --- Remedies (Law) --- Redress for historical injustices --- Reparation for historical injustices --- Reparations --- Reparations for past injustices --- Restitution for historical injustices --- Indemnity --- Social justice --- Balanced and restorative justice --- BARJ (Restorative justice) --- Community justice --- Restorative community justice --- Criminal justice, Administration of --- Reparations, War --- War reparations --- Law and legislation --- Law --- General and Others
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Alongside existing regimes for victim redress at the national and international levels, in the coming years international criminal law and, in particular, the International Criminal Court, will potentially provide a significant legal framework through which the harm caused by egregious conduct can be addressed. Drawing on a wealth of comparative experience, Conor McCarthy's study of the Rome Statute's regime of victim redress provides a comprehensive exploration of this framework, examining both its reparations regime and its scheme for the provision of victim support through the ICC Trust Fund. The study explores, in particular, whether the creation of a regime of victim redress has a role to play as part of a system for the administration of international criminal justice and, more generally, whether it has such a role alongside other regimes, at the national and international levels, by which the harm suffered by victims of egregious conduct may be redressed.
Reparation (Criminal justice) --- Victims of crimes --- Compensation for victims of crime --- Criminal restitution --- Reparation --- Restitution (Criminal justice) --- Restitution for victims of crime --- Remedies (Law) --- Legal status, laws, etc. --- Philosophy. --- International Criminal Court. --- 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 --- Rome Statute of the International Criminal Court --- Estatuto de Roma de la Corte Penal Internacional --- Estatuto de Roma do Tribunal Penal Internacional --- Rimski statut Međunarodnoga kaznenog suda --- Roma Statuta of the International Criminal Court --- Rome Statute for the International Criminal Court --- Statut de Rome de la Cour pénale internationale --- Statuta Mahkamah Pidana Internasional --- Statuta Roma Mahkamah Pidana Internasional --- Statute of the International Criminal Court --- Undang-Undang Roma Tentang Pengadilan Pidana Internasional --- UU Roma Tentang Pengadilan Pidana Internasional --- Statuta Roma tahun 1998 Tentang Mahkamah Pidana Internasional --- Statuta Roma 1998 --- Reparation (Criminal justice). --- Law --- General and Others
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