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"The revival of international criminal tribunals in the mid-1990s has been followed by a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a turn toward domestic accountability in the field of international criminal justice, this book studies how the shadow of international criminal tribunals shapes capacity building, norm internalisation and prosecutions of serious crimes at the national level. Drawing on research in Rwanda, the Democratic Republic of Congo and Sierra Leone, it argues that the 'fight against impunity' reveals dynamics of accommodation, iteration and isolation between states and tribunals. While international prosecutors and judges generally attempt to foster cooperation and decrease tension with government actors, an overly deferential posture vis-à-vis states reduces the likelihood of domestic accountability and may enable governments to consolidate authoritarian power. By interrogating how international accountability stakeholders support their domestic counterparts, this book advocates more dynamic interactions between tribunals and states so as to strengthen the enforcement of international criminal law. This book is suitable for academics and practitioners interested in international (criminal) law, human rights and transitional justice"--
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It is increasingly accepted that 'institutions matter' for economic organization & outcomes. This text explores the issues perspectives, & models, concerned with comparative institutional analysis. The leading scholars in the area contribute chapters to provide a central reference point for academics, scholars, & students.
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"This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It examines novel matters not addressed in other published works, such as the challenges in preserving and presenting evidence in piracy trials, the rights of pirate defendants, and contending with alleged pirates who are juveniles. A more thorough understanding of modern piracy trials and the precedent they have established is critical to scholars, practitioners, and the broader community interested in counter-piracy efforts, as these prosecutions are likely to be the primary judicial mechanism to contend with pirate activity going forward"--
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In the last two decades there has been a meteoric rise of international criminal tribunals and courts and also a strengthening chorus of critics against them. Today it is hard to find strong defenders of international criminal tribunals and courts. This book attempts such a defense against an array of critics. It offers a nuanced defense, accepting many criticisms but arguing that the idea of international criminal tribunals can be defended as providing the fairest way to deal with mass atrocity crimes in a global arena. Fairness and moral legitimacy will be at the heart of this defense. The authors take up the economic and political arguments that have been powerfully expressed, as well as arguments about sovereignty, punishment, responsibility, and evidence; but in the end they show that these arguments do not defeat the idea of international criminal courts and tribunals.
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International criminal courts --- Prosecution (International law) --- International law --- Criminal courts --- International courts --- Complementarity (International law) --- History
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Modern law seems to be designed to keep emotions at bay. The Sentimental Court argues the exact opposite: that the law is not designed to cast out affective dynamics, but to create them. Drawing on extensive ethnographic fieldwork - both during the trial of former Lord's Resistance Army commander Dominic Ongwen at the International Criminal Court's headquarters in The Netherlands and in rural northern Uganda at the scenes of violence - this book is an in-depth investigation of the affective life of legalized transitional justice interventions in Africa. Jonas Bens argues that the law purposefully creates, mobilizes, shapes, and transforms atmospheres and sentiments, and further discusses how we should think about the future of law and justice in our colonial present by focusing on the politics of atmosphere and sentiment in which they are entangled.
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This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It examines novel matters not addressed in other published works, such as the challenges in preserving and presenting evidence in piracy trials, the rights of pirate defendants, and contending with alleged pirates who are juveniles. A more thorough understanding of modern piracy trials and the precedent they have established is critical to scholars, practitioners, and the broader community interested in counter-piracy efforts, as these prosecutions are likely to be the primary judicial mechanism to contend with pirate activity going forward.
Piracy --- Prosecution. --- Complementarity (International law) --- Complementarity principle (International law) --- Principle of complementarity (International law) --- Criminal procedure (International law) --- Jurisdiction (International law) --- International criminal courts --- Criminal procedure --- Informations --- Private prosecutors --- Criminal law --- Maritime law --- Law and legislation.
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By interrogating how international criminal tribunals relate to their domestic counterparts through the principle of complementarity, this volume advocates for improved institutional design and less deference toward states to strengthen the enforcement of international criminal law.
Complementarity (International law) --- International criminal courts. --- Complementarity principle (International law) --- Principle of complementarity (International law) --- Criminal procedure (International law) --- Jurisdiction (International law) --- International criminal courts --- Criminal courts --- International courts --- Law. --- Laws of specific jurisdictions & specific areas of law.
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