Suchergebnisse

Abstract
Using qualitative legal scholarship, combined with literature analysis from post-conflict peacebuilding and police studies, this article provides a normative and theoretical lens through which police and other actors can view and carry out reform efforts. It explores whether and how the concept of guarantees of non-repetition could contribute to or reframe discussions in order to prevent future violence and facilitate lasting institutional changes. The article examines the development of a broader approach to security sector reform and explores guarantees of non-repetition and the conceptual confusion it has encountered. It teases out the main aspects of guarantees of non-repetition, including its human rights elements, such as due diligence obligations. Finally, it addresses how guarantees of non-repetition provide a normative institutional policy framework that offers the possibility to shift the rhetoric to focus on State obligations that are context-driven. As a result, guarantees of non-repetition could prove useful when addressing police reform.

Intersections of law and culture at the International Criminal Court : introduction / Julie Fraser and Brianne McGonigle Leyh -- Now you see it, now you don't : culture at the International Criminal Court / Leigh Swigart -- How to solve a problem like Al Madhi : proposal for a new crime of 'attacks against cultural heritage' / Peta-Louise Bagott -- Cultural heritage destruction and the ICC : lessons from connecting cultural heritage and human rights through a library lens / Vicky Breemen and Kelly Breemen -- Keeping the 'delicate mosaic' together : can the ICC deal with intangible cultural heritage? / Martyna Fałkowska-Clarys and Lily Martinet -- the emergence of gender justice at the ICC / Alison Dundes Renteln -- 'Solemnly declare to tell the truth' : internationalising the solemn undertaking before the International Criminal Court / Joshua Isaac Bishay -- Spellbound at the International Criminal Court : the intersection of spirituality and international criminal law / Adina-Loredana Nistor, Andrew Merrylees and Barbora Holá -- 'Questioned by the Court' : the role of judges and sociocultural aspects of testimonial evidence in Katanga / Suzanne Schot -- The power of culture and judicial decision-making at the International Criminal Court / Gregor Maučec -- Doing 'justice' at the Office of the Prosecutor : portrayals of a cultural value / Cale Davis -- In defence of culture : should defences based on culture apply at the ICC? /Noelle Higgins --Introducing aspects of transformative justice to the International Criminal Court through plea negotiation /Phoebe Oyugi and Owiso Owiso --'Culture' and sentencing at the International Criminal Court /Michelle Coleman --A delicate mosaic : the ICC, culture and victims /Fiona McKay --The quest for cultural legitimacy at the ICC : a third-way approach as an appropriate response to African cultural paradigms /Ingrid Roestenburg-Morgan --'We will let it die on its own' : culture, ideology and power at play between the United States and the International Criminal Court /Brianne McGonigle Leyh --Asia's reluctance to join the ICC : who is jilted by whom? /Nikhil Narayan --Exploring legal compatibilities and pursuing cultural legitimacy : Islamic law and the ICC /Julie Fraser --Afterword : culture, genuine and juridical /Mark Goodale.

The Netherlands Institute of Human rights (Studie- en Informatiecentrum Mensenrechten) (SIM) celebrates its 30th anniversary together with the valedictory lecture of one if its pioneers, Fried van Hoof. In 30 years the role of the regional human rights instruments and institutions has changed: their impact increased and thus more debate on their roles takes place. As the instruments and institutions are never a goal as such, but tools to increase social justice, the question has been raised what is, or should be their contribution to social justice? The speakers of the Conference on the occasion of the 30th anniversary of SIM and some of Fried van Hoof's former Ph.D candidates shed their light on various aspects of this question