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Explores how international assistance shapes transitional justice around the world, and asks how civil society can play a larger role in them.
Book Synopsis Transitional Justice, International Assistance, and Civil Society by : Paige Arthur
Download or read book Transitional Justice, International Assistance, and Civil Society written by Paige Arthur and published by Cambridge University Press. This book was released on 2018-03-29 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how international assistance shapes transitional justice around the world, and asks how civil society can play a larger role in them.
Although the International Criminal Court (ICC) - as the only permanent international court that addresses crimes against humanity, genocide, and war crimes - has important potential to end impunity and find justice for victims of atrocities, it is dependent on others for almost all aspects of its functioning. The Court has frequently relied on the peacekeeping operations that the UN deploys in the field and, over the past two decades, UN peacekeepers have provided logistical assistance and security to Court investigators, shared large amounts of information, and have even been involved in the arrest of Court suspects. But their track record has been inconsistent: they have sometimes refused to take action against people accused of war crimes and have found it difficult to balance their impartiality with court prosecutions. Despite the empirical importance of this phenomenon, we know preciously little about the circumstances under which it occurs. In Assisting International Justice, Buitelaar reveals the conditions under which UN peacekeepers address impunity in their mission areas. He presents an original single-country case study of assistance provided by the UN mission in the Democratic Republic of the Congo and a plausibility probe of other peace operations in ICC situation countries. Relying on new empirical material, including over 130 interviews of key decision-makers, and comprehensive archival research, this scholarly volume explores how the UN navigates the terrain of conflict mediation and punitive accountability and demonstrates the collaborative but contingent relationship between the UN and the ICC.
Book Synopsis Assisting International Justice by : Tom Buitelaar
Download or read book Assisting International Justice written by Tom Buitelaar and published by Oxford University Press. This book was released on 2023-10-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the International Criminal Court (ICC) - as the only permanent international court that addresses crimes against humanity, genocide, and war crimes - has important potential to end impunity and find justice for victims of atrocities, it is dependent on others for almost all aspects of its functioning. The Court has frequently relied on the peacekeeping operations that the UN deploys in the field and, over the past two decades, UN peacekeepers have provided logistical assistance and security to Court investigators, shared large amounts of information, and have even been involved in the arrest of Court suspects. But their track record has been inconsistent: they have sometimes refused to take action against people accused of war crimes and have found it difficult to balance their impartiality with court prosecutions. Despite the empirical importance of this phenomenon, we know preciously little about the circumstances under which it occurs. In Assisting International Justice, Buitelaar reveals the conditions under which UN peacekeepers address impunity in their mission areas. He presents an original single-country case study of assistance provided by the UN mission in the Democratic Republic of the Congo and a plausibility probe of other peace operations in ICC situation countries. Relying on new empirical material, including over 130 interviews of key decision-makers, and comprehensive archival research, this scholarly volume explores how the UN navigates the terrain of conflict mediation and punitive accountability and demonstrates the collaborative but contingent relationship between the UN and the ICC.
Buitelaar reveals the conditions under which UN peacekeepers address impunity in their mission areas. He presents an original single-country case study of assistance provided by the UN mission in the Democratic Republic of the Congo and a plausibility probe of other peace operations in ICC situation countries.
Book Synopsis Assisting International Justice by : Tom Buitelaar
Download or read book Assisting International Justice written by Tom Buitelaar and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buitelaar reveals the conditions under which UN peacekeepers address impunity in their mission areas. He presents an original single-country case study of assistance provided by the UN mission in the Democratic Republic of the Congo and a plausibility probe of other peace operations in ICC situation countries.
While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?
Book Synopsis Saving the International Justice Regime by : Courtney Hillebrecht
Download or read book Saving the International Justice Regime written by Courtney Hillebrecht and published by Cambridge University Press. This book was released on 2021-09-30 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?
Since its birth with the creation of the international Red Cross in 1863, international humanitarian assistance has developed considerably since World War II. In accordance with the Red Cross principle of humanity, it aims at preventing & alleviating human suffering wherever it may be found, protecting life & health & ensuring respect for the human being. International humanitarian assistance involves a complex network of government agencies, intergovernmental & non-governmental organizations, & individual volunteers: it has been labelled a 'non-system'. While governments & intergovernmental organizations play a dominant & structured role in this field, the non-governmental organizations & their volunteers have proved to be their necessary operational partners, providing material, medical & moral relief & care wherever it may be needed, beyond borders, at the grassroots level. Following a brief review of recent humanitarian activities of intergovernmental organizations, & an analysis of current trends of voluntarism, this book focuses on the role, status & attitudes of the major humanitarian non-governmental organizations, including the Red Cross organizations, the British charities, Church-related agencies, medical volunteers (such as the 'French Doctors') & U.N. volunteers. Should humanitarian non-governmental organizations provide relief assistance with the Red Cross concern for discretion, neutrality & impartiality? Or should they bear witness & denounce publicly human rights violations, at the risk of being expelled from recipient countries & having to stop their assistance? The controversial claim of a 'right' to receive & a 'duty' to provide humanitarian assistance beyond borders is also addressed, as well as the possible need for a status to be accorded to international volunteers.
Book Synopsis The Role and Record of the International Court of Justice by : Nagendra Singh
Download or read book The Role and Record of the International Court of Justice written by Nagendra Singh and published by Martinus Nijhoff Publishers. This book was released on 1989-11-16 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its birth with the creation of the international Red Cross in 1863, international humanitarian assistance has developed considerably since World War II. In accordance with the Red Cross principle of humanity, it aims at preventing & alleviating human suffering wherever it may be found, protecting life & health & ensuring respect for the human being. International humanitarian assistance involves a complex network of government agencies, intergovernmental & non-governmental organizations, & individual volunteers: it has been labelled a 'non-system'. While governments & intergovernmental organizations play a dominant & structured role in this field, the non-governmental organizations & their volunteers have proved to be their necessary operational partners, providing material, medical & moral relief & care wherever it may be needed, beyond borders, at the grassroots level. Following a brief review of recent humanitarian activities of intergovernmental organizations, & an analysis of current trends of voluntarism, this book focuses on the role, status & attitudes of the major humanitarian non-governmental organizations, including the Red Cross organizations, the British charities, Church-related agencies, medical volunteers (such as the 'French Doctors') & U.N. volunteers. Should humanitarian non-governmental organizations provide relief assistance with the Red Cross concern for discretion, neutrality & impartiality? Or should they bear witness & denounce publicly human rights violations, at the risk of being expelled from recipient countries & having to stop their assistance? The controversial claim of a 'right' to receive & a 'duty' to provide humanitarian assistance beyond borders is also addressed, as well as the possible need for a status to be accorded to international volunteers.
In recent years, transitional justice has become increasingly international in its scope. Due to ongoing animosities, lack of political will, and the absence of credible governing or judicial institutions, international organizations, donors, and NGOs advocate for transitional justice initiatives like truth commissions or special tribunals - alongside national actors, like civil society and victims groups. This book examines how international assistance affects transitional justice, and where power truly lies in making decisions about justice for victims of massive human rights abuse. The book finds that government donors typically lack strategies for transitional justice, they struggle with information deficits, and they are constrained by short-term approaches that do not give enough attention to what is often a weak and divided civil society sector. All the authors have both practical and scholarly perspectives on transitional justice. Country case studies are provided, including descriptions of the challenges in developing data on transitional justice financing.
Book Synopsis Transitional Justice, International Assistance, and Civil Society by : Paige Arthur
Download or read book Transitional Justice, International Assistance, and Civil Society written by Paige Arthur and published by Cambridge University Press. This book was released on 2018-03-29 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, transitional justice has become increasingly international in its scope. Due to ongoing animosities, lack of political will, and the absence of credible governing or judicial institutions, international organizations, donors, and NGOs advocate for transitional justice initiatives like truth commissions or special tribunals - alongside national actors, like civil society and victims groups. This book examines how international assistance affects transitional justice, and where power truly lies in making decisions about justice for victims of massive human rights abuse. The book finds that government donors typically lack strategies for transitional justice, they struggle with information deficits, and they are constrained by short-term approaches that do not give enough attention to what is often a weak and divided civil society sector. All the authors have both practical and scholarly perspectives on transitional justice. Country case studies are provided, including descriptions of the challenges in developing data on transitional justice financing.
Book Synopsis International Judicial Assistance by : John David McClean
Download or read book International Judicial Assistance written by John David McClean and published by Oxford University Press, USA. This book was released on 1992 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2. Service of process
The extremely serious nature of the crimes committed in former Yugoslavia caused the United Nations Security Council, in its resolution 827 of 25 May, 1993, to establish an ad hoc international criminal Tribunal which would be required to `try those persons responsible for serious breaches of international humanitarian law committed on the territory of former Yugoslavia between 1 January, 1991 and a date to be determined by the Council after peace has been restored.' This international jurisdiction, which has been in existence in the Hague since 17 November, 1993, depends on the political will of the nations to provide it with the means to accomplish its allotted task and to organise international judicial cooperation to assist it. International Justice for Former Yugoslavia explains the way in which the Tribunal - unique of its kind - is designed to work, and to acquaint victims and witnesses with the means available to them to institute proceedings as well as the protective measures of which they may avail themselves. In other words, it is a key to access to the International Tribunal in the Hague. The information will also alert public opinion and mobilize holders of public office and public figures in regard to the need to bring war criminals to justice. The Tribunal is competent to render justice, thus making it possible to end immunity from punishment, a condition which is a sine qua non for a return to lasting peace. It also constitutes a vital link with the hoped-for future creation of an international criminal court.
Book Synopsis International Justice for Former Yugoslavia by : Karine Lescure
Download or read book International Justice for Former Yugoslavia written by Karine Lescure and published by BRILL. This book was released on 2023-08-28 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The extremely serious nature of the crimes committed in former Yugoslavia caused the United Nations Security Council, in its resolution 827 of 25 May, 1993, to establish an ad hoc international criminal Tribunal which would be required to `try those persons responsible for serious breaches of international humanitarian law committed on the territory of former Yugoslavia between 1 January, 1991 and a date to be determined by the Council after peace has been restored.' This international jurisdiction, which has been in existence in the Hague since 17 November, 1993, depends on the political will of the nations to provide it with the means to accomplish its allotted task and to organise international judicial cooperation to assist it. International Justice for Former Yugoslavia explains the way in which the Tribunal - unique of its kind - is designed to work, and to acquaint victims and witnesses with the means available to them to institute proceedings as well as the protective measures of which they may avail themselves. In other words, it is a key to access to the International Tribunal in the Hague. The information will also alert public opinion and mobilize holders of public office and public figures in regard to the need to bring war criminals to justice. The Tribunal is competent to render justice, thus making it possible to end immunity from punishment, a condition which is a sine qua non for a return to lasting peace. It also constitutes a vital link with the hoped-for future creation of an international criminal court.
When the International Criminal Tribunal for the former Yugoslavia (ICTY) was established more than twenty years ago, the international community had little experience prosecuting the perpetrators of genocide, war crimes, and other atrocities. Unfortunately, there has been ample opportunity to build expertise in the intervening decades; ad hoc tribunals have been established to address past crimes in Cambodia and Sierra Leone, and a formal International Criminal Tribunal for Rwanda (ICTR) was convened in the aftermath of Rwanda's 1994 genocide. Since 2002, the International Criminal Court (ICC) has assumed responsibility for new prosecutions, pursuing war criminals in countries unable or unwilling to bring them to justice domestically. Yet, after more than two decades of experience, the limits of these courts' capabilities are becoming clear. While they have brought some senior leaders to justice, the scope of the courts' budgets and their enquiries can never reach all--or even most--perpetrators of atrocities. They are physically far removed from the scenes of the crimes they are prosecuting, cannot compel evidence or conduct independent investigations, and are vulnerable to changes in funding and international political support. To overcome these and other difficulties, the international community must place greater emphasis on strengthening the national justice systems of the countries where atrocities have occurred. In this Council Special Report, David Kaye examines existing international justice mechanisms, analyzes how they have succeeded and where they have failed, and explains what reforms national legal systems will require to secure just and peaceful outcomes. Cognizant of the myriad individual challenges facing countries experiencing or emerging from violent conflict, Kaye nevertheless identifies a core set of common needs: political pressure on governments reluctant to prosecute perpetrators; assistance in building legal frameworks and training legal officials; support for investigations, including forensic analysis and security sector reform; and creating belief in the justice system among the local population. To these ends, Kaye outlines several recommendations for U.S. policymakers and their governmental and nongovernmental partners worldwide. Beginning in the United States, Kaye argues that Washington should expand diplomatic and financial support for national justice systems and appoint a senior official to oversee initiatives from the State Department, Justice Department, USAID, and other agencies. Abroad, he calls for the secretary of state to organize a donor conference to agree on funding priorities and responsibilities for the international community, and to establish a coordinating body to ensure that support for national-level justice systems is properly coordinated and informed by best practices. Justice Beyond The Hague provides important insights into the strengths and limitations of current international justice mechanisms. It makes a clear case for increasing support to national legal systems and outlines a variety of ways that the U.S. government can improve and coordinate its aid with others. While there will always be a place for international courts in countries that cannot or will not prosecute perpetrators themselves, this Council Special Report successfully argues that domestic systems can and should play a more meaningful role.
Book Synopsis Justice Beyond the Hague by : David A. Kaye
Download or read book Justice Beyond the Hague written by David A. Kaye and published by Council on Foreign Relations. This book was released on 2011 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the International Criminal Tribunal for the former Yugoslavia (ICTY) was established more than twenty years ago, the international community had little experience prosecuting the perpetrators of genocide, war crimes, and other atrocities. Unfortunately, there has been ample opportunity to build expertise in the intervening decades; ad hoc tribunals have been established to address past crimes in Cambodia and Sierra Leone, and a formal International Criminal Tribunal for Rwanda (ICTR) was convened in the aftermath of Rwanda's 1994 genocide. Since 2002, the International Criminal Court (ICC) has assumed responsibility for new prosecutions, pursuing war criminals in countries unable or unwilling to bring them to justice domestically. Yet, after more than two decades of experience, the limits of these courts' capabilities are becoming clear. While they have brought some senior leaders to justice, the scope of the courts' budgets and their enquiries can never reach all--or even most--perpetrators of atrocities. They are physically far removed from the scenes of the crimes they are prosecuting, cannot compel evidence or conduct independent investigations, and are vulnerable to changes in funding and international political support. To overcome these and other difficulties, the international community must place greater emphasis on strengthening the national justice systems of the countries where atrocities have occurred. In this Council Special Report, David Kaye examines existing international justice mechanisms, analyzes how they have succeeded and where they have failed, and explains what reforms national legal systems will require to secure just and peaceful outcomes. Cognizant of the myriad individual challenges facing countries experiencing or emerging from violent conflict, Kaye nevertheless identifies a core set of common needs: political pressure on governments reluctant to prosecute perpetrators; assistance in building legal frameworks and training legal officials; support for investigations, including forensic analysis and security sector reform; and creating belief in the justice system among the local population. To these ends, Kaye outlines several recommendations for U.S. policymakers and their governmental and nongovernmental partners worldwide. Beginning in the United States, Kaye argues that Washington should expand diplomatic and financial support for national justice systems and appoint a senior official to oversee initiatives from the State Department, Justice Department, USAID, and other agencies. Abroad, he calls for the secretary of state to organize a donor conference to agree on funding priorities and responsibilities for the international community, and to establish a coordinating body to ensure that support for national-level justice systems is properly coordinated and informed by best practices. Justice Beyond The Hague provides important insights into the strengths and limitations of current international justice mechanisms. It makes a clear case for increasing support to national legal systems and outlines a variety of ways that the U.S. government can improve and coordinate its aid with others. While there will always be a place for international courts in countries that cannot or will not prosecute perpetrators themselves, this Council Special Report successfully argues that domestic systems can and should play a more meaningful role.
This encyclopedia provides a premier reference guide for students, scholars, policy makers, and others interested in assessing the moral consequences of global interdependence and understanding the concepts and arguments that shed light on the myriad aspects of global justice.
Book Synopsis Encyclopedia of Global Justice by : Deen K. Chatterjee
Download or read book Encyclopedia of Global Justice written by Deen K. Chatterjee and published by Springer Science & Business Media. This book was released on 2011 with total page 1213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This encyclopedia provides a premier reference guide for students, scholars, policy makers, and others interested in assessing the moral consequences of global interdependence and understanding the concepts and arguments that shed light on the myriad aspects of global justice.
