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The International Criminal Court seeks to end impunity for the world's worst crimes, to contribute to their prevention. But what is its impact to date? This book takes an in-depth look at four countries under scrutiny of the ICC: Afghanistan, Colombia, Libya, and Uganda. It puts forward an analytical framework to assess the impact of the ICC on four levels: on the domestic legal systems (systemic effect); on peace negotiations and agreements (transformative effect); on victims (reparative effect); and on the perceptions of affected populations (demonstration effect). It concludes that the ICC is having a normative impact on domestic legal systems and peace agreements, but it has brought little reparative justice for victims, and it does not necessarily correspond with how affected populations view justice priorities. The book concludes that justice for the world's worst crimes has no 'universal formula' that can easily be captured in law by one institution.
International Criminal Court. --- International and municipal law. --- International criminal law. --- Criminal justice, Administration of. --- Administration of criminal justice --- Criminal justice, Administration of --- Justice, Administration of --- Crime --- Criminal law --- Criminals --- Criminal law, International --- ICL (International criminal law) --- International law --- Criminal jurisdiction --- International crimes --- Law --- Municipal and international law --- Law and legislation --- Influence --- International law influences --- 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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This book provides practitioners, scholars and students with an in-depth analysis of the law of evidence before international criminal tribunals. It treats subjects such as admissibility; hearsay; identification evidence; forensic and documentary evidence. It also discusses procedural issues arising from fair trial rights, state cooperation, witness protection, and the compulsive powers of the court. The main focus of this work is the practice of the United Nations ad hoc International Criminal Tribunals for the former Yugoslavia and Rwanda. However, it traces the developments of the law of evidence back to the trials conducted by the Allied powers after the Second World War. The authors also discuss the future of the law in this field, with comments on the projected implementation of the Statute and the Rules of Procedure of the permanent International Criminal Court. They conclude with some general remarks on trends in international criminal evidence that will be helpful to international tribunals, "mixed" tribunals (such as those proposed for Sierra Leone and Cambodia), and national courts alike. Published under the Transnational Publishers imprint.
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Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.
Political crimes and offenses. --- Political crimes and offenses --- Justice, Administration of --- Restorative justice --- Ex post facto laws --- Peace-building --- Law, Politics & Government --- Law, General & Comparative --- Political aspects --- International cooperation --- Balanced and restorative justice --- BARJ (Restorative justice) --- Community justice --- Restorative community justice --- Offenses, Political --- Political offenses --- Building peace --- Peacebuilding --- Administration of justice --- Nulla poena sine lege doctrine --- Nullum crimen sine lege doctrine --- Law and legislation --- Law. --- Political science. --- Public international law. --- International criminal law. --- Public International Law. --- Political Science. --- International Criminal Law. --- Criminology and Criminal Justice, general. --- Criminal law --- Due process of law --- Retroactive laws --- Rule of law --- Conflict management --- Peace --- Peacekeeping forces --- Law --- Courts --- Criminal justice, Administration of --- Reparation (Criminal justice) --- Crime --- Extradition --- Political violence --- Subversive activities --- Criminology. --- Public International Law . --- International Criminal Law . --- Social sciences --- Criminals --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- State, The --- Study and teaching --- Criminal law, International --- ICL (International criminal law) --- International law --- Criminal jurisdiction --- International crimes --- Law of nations --- Nations, Law of --- Public international law
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Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.
International movements --- Politics --- European law --- Peaceful settlement of international disputes --- Criminology. Victimology --- Criminal law. Criminal procedure --- politieke wetenschappen --- strafrecht --- criminologie --- Europees recht --- Ex post facto laws --- Justice, Administration of --- Peace-building --- Political crimes and offenses --- Restorative justice --- Offenses against the State --- Offenses, Political --- Political offenses --- State, Offenses against the --- Crime --- Extradition --- Political violence --- Subversive activities --- Building peace --- Peacebuilding --- Conflict management --- Peace --- Peacekeeping forces --- Administration of justice --- Law --- Courts --- Nulla poena sine lege doctrine --- Nullum crimen sine lege doctrine --- Criminal law --- Due process of law --- Retroactive laws --- Rule of law --- Balanced and restorative justice --- BARJ (Restorative justice) --- Community justice --- Restorative community justice --- Criminal justice, Administration of --- Reparation (Criminal justice) --- Political aspects --- International cooperation --- Law and legislation
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International movements --- Politics --- European law --- Peaceful settlement of international disputes --- Criminology. Victimology --- Criminal law. Criminal procedure --- politieke wetenschappen --- strafrecht --- criminologie --- Europees recht
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Few would dispute the importance of donating funds and expertise to conflict-ridden societies—but such aid, however well meant, often fails to have the intended effect. This study critically evaluates international democratization assistance in postconflict societies to discern what has worked, what has not, and how aid programs can be designed to have a more positive impact. The authors offer a unique recipient perspective as they explore three dimensions of democracy promotion: elections, free media, and human rights. Drawing on the experiences of Afghanistan, Cambodia, El Salvador, Ethiopia, Guatemala, Mozambique, Rwanda, Sierra Leone, and Uganda, they suggest concrete ways in which the international community can better foster democratization in the wake of conflict.
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