Suchergebnisse

Reasons for the resurgence of intergovernmental interest in criminal accountability for war crimes & crimes against humanity committed by leaders of sovereign states are examined, with reference to the Yugoslavian case. The pursuit of Slobodan Milosevic & others seems guided by the morally dubious geopolitical motives of the NATO countries. NATO did not make a valid attempt to find a diplomatic solution to the Serbian assault before the bombing, & it has continued harsh economic sanctions against Serbia in lieu of bombing, apparently because of Milosevic's presence. The end of the war has prompted a new cycle of ethnic cleansing in Kosovo, but NATO has not responded to that. It appears that the interest in pursuing criminal accountability in transitional governments stems from a need to keep NATO in operation in the post-Cold War, to overcome the shame of multiple NATO failures in Bosnia, & to continue fighting a war, paradoxically for humanitarian reasons but with civilian losses. M. Pflum

Strengthening the rule of law is widely regarded among traditional donors, multilateral institutions, and a growing number of middle income and fragile states as a necessary precondition for sustainable peace, poverty alleviation, and development. Crime and violence deter investment and lower employment, undermine social institutions, and divert resources through direct and indirect costs, all of which hinder development. It is likely to disproportionately affect poor and marginalized populations by limiting access to basic services. The formal criminal justice system is seen in many environments as failing to deliver justice. Most states experiencing fragility do not have the capacity to effectively prevent crime, enforce laws, or peacefully resolve disputes across the whole of their territories. There is another powerful deterrent for communities to seek redress through state criminal justice institutions: they are frequently a primary instrument for the government and elites to maintain power and control through the perpetration of injustice. The informal system, however, is alone insufficient to handle the pressing justice requirements of fragile states, not least for preventing and responding to inter-communal conflict, to serious organized and cross-border crime, and to public corruption and other 'white collar' crime.

Learn how to protect yourself from the American criminal justice system. And why you need to! Practicing criminal defense attorney Dan Conaway has written Arrested to help us all understand our rights and responsibilities in the country we live in. "The Beast"-as he refers to our criminal justice system-has little to do with the way it looks on TV. Clearing away the fiction, Conaway addresses real-world topics about how to handle yourself - and help others - when facing the worst. Although not intended as a substitute for professional legal counsel, Arrested can be used as a guide as you work your way through the maze of one of the most complicated systems on the planet. With the help of fact-based scenarios, Conaway shows us all what could happen to any of us if we're not careful. Along with explanations of how we have become a "zero-tolerance" society-and practical, real-life examples-Arrested will give you the background and foresight to handle yourself in almost any situation.

Intergenerational justice not only requires the adoption of best practices and policies, but also the prevention and repression of deleterious and morally blameworthy human behaviour which have severe impacts on the long-term health, safety and means of survival of groups of individuals. While many international crimes have indirect consequences on the well-being of present and future generations, it cannot be said that existing international criminal law is currently well-placed to directly and clearly protect intergenerational rights. As such, the development of a new type of international crime, crimes against future generations, may be a promising avenue for implementing intergenerational justice. Such a crime would penalise acts or conduct that amount to serious violations of existing international law regarding economic, social and cultural rights or the environment.

International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced--and that continue to influence--this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: the history of international criminal law; the subjects of international criminal law; transitional justice and international criminal justice; genocide, crimes against humanity, war crimes and the crime of aggression; sexual and gender-based crimes; international and hybrid criminal tribunals; sentencing under international criminal law; and the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.