Article 7(1) (k) of the Rome Statute includes "other inhumane acts of a similar character," within the enumerated acts of crimes against humanity. This Note examines whether certain acts of ecocide ...may be prosecuted by the ICC under this provision, proposes a definition for ecocide in a crimes against humanity context, and analyzes whether former President Jair Bolsonaro's destruction of the Amazon as alleged by 2021 AllRise Complaint can be prosecuted in the ICC as a crime against humanity.
2020 Choice Outstanding Academic Title
Short-listed for the Juan E. Méndez Book Award for Human Rights in Latin America from Duke University Libraries
How do victims and perpetrators of ...political violence caught up in a complicated legal battle experience justice on their own terms? Phenomenal Justice is a compelling ethnography about the reopened trials for crimes against humanity committed during the brutal military dictatorship that ruled Argentina between 1976 and 1983. Grounded in phenomenological anthropology and the anthropology of emotion, this book establishes a new theoretical basis that is faithful to the uncertainties of justice and truth in the aftermath of human rights violations. The ethnographic observations and the first-person stories about torture, survival, disappearance, and death reveal the enduring trauma, heartfelt guilt, happiness, battered pride, and scratchy shame that demonstrate the unreserved complexities of truth and justice in post-conflict societies. Phenomenal Justice will be an indispensable contribution to a better understanding of the military dictatorship in Argentina and its aftermath.
The world and Darfur Grzyb, Amanda F
The world and Darfur,
c2009, 20090401, 2014, 2009, 2009-04-01, 20090101, Volume:
5
eBook
This updated edition of The World and Darfur brings together genocide scholars from a range of disciplines - social history, art history, military history, African studies, media studies, literature, ...political science, and sociology - to provide a cohesive and nuanced understanding of the international response to the crisis in Western Sudan. Contributing authors, including Eric Reeves, Frank Chalk, Eric Markusen, and Samuel Totten, look at the lessons learned from the United Nations' failure to intervene during the Rwandan genocide, the representation of Darfur in the mainstream media, atrocity investigations, activist and NGO campaigns, art exhibitions and political rhetoric, and the role of the international community in the discourse of genocide prevention and intervention. For a complete list of contributors please visit www.mqup.ca
In Asia the "Age of Extremes" witnessed many forms of mass violence and genocide, related to the rise and fall of the Japanese Empire, the proxy wars of the Cold War, and the anti-colonial nation ...building processes that often led to new conflicts and civil wars. The present volume is considered an introductory reader that deals with different forms of mass violence and genocide in Asia, discusses the perspectives of victims and perpetrators alike.
Argentina’s Missing Bones is the first comprehensive English-language work of historical scholarship on the 1976–83 military dictatorship and Argentina’s notorious experience with state terrorism ...during the so-called dirty war. It examines this history in a single but crucial place: Córdoba, Argentina’s second largest city. A site of thunderous working-class and student protest prior to the dictatorship, it later became a place where state terrorism was particularly cruel. Considering the legacy of this violent period, James P. Brennan examines the role of the state in constructing a public memory of the violence and in holding those responsible accountable through the most extensive trials for crimes against humanity to take place anywhere in Latin America.
This article discusses the main reasons behind the reluctance of most Arab countries to ratify the Rome Statute and to cooperate with the International Criminal Court (ICC). There are legal, ...political, and practical restraints, as well as cultural barriers, to incorporating principles of individual criminal responsibility for international crimes into the domestic laws of most Arab countries. Moreover, many Arab states adopt a security-based approach to war crimes and crimes against humanity, which are thus prosecuted mainly under anti-terrorist laws, rather than a rule of lawbased approach to holding those most responsible for international crimes accountable. Further, when political considerations are at stake, states' commitment to address the most serious crimes appears eroded, thus becoming inconsistent with the objective of the Rome Statute of ending impunity for perpetrators of international crimes. It is becoming ever more necessary for the ICC to gain recognition and acceptance in the Arab world by garnering effective participation of those Arab states undergoing major transitions, where international justice, arguably, is most needed.
Abstract
In many cases, and, in particular, in cases concerning crimes committed in the Syrian conflict, an overlap can be identified between international criminal law and counter-terrorism criminal ...law. The reason for this is the approximative and normative intertwining of these two areas in German criminal law. By way of counter-terrorism criminal law, Germany implemented an organizational crime of membership in an organization whose objective or activities are directed towards the commission of, inter alia, genocide, crimes against humanity, and war crimes, as well as murder. As a consequence, non-state armed groups active in a non-international armed conflict are considered terrorist groups. While this allows for cumulative prosecution, charging, and conviction, in this article an argument will be made that the increasing intertwining of German international criminal law and counter-terrorism criminal law has a problematic side. It blurs the historical, conceptual, and normative differences between the two areas of criminal law. Eventually, this further deepens the asymmetry in the prosecution of state and non-state actors for international crimes.
This article explores the use of remorse as a source of leniency at international criminal tribunals. It outlines the difficulties that beset international tribunals' attempts to develop a clear, ...consistent conceptualization of the idea of remorse. Using a range of perspectives, it offers ways forward in terms of both comprehending remorse, as experienced by perpetrators of international crimes, and incorporating remorse into the present international criminal legal framework. In particular, it analyses how sincere expressions of remorse within the international criminal courtroom can signal and produce transformative effects for different players operating in the terrain of international criminal justice.
60 JAHRE MAUERBAU Bergsdorf, Harald
Politische Studien,
07/2021, Volume:
72, Issue:
498
Journal Article
Am 13. August 2021 gedenkt die gesamtdeutsche Bundesrepublik des Mauerbaues vor 60 Jahren. Die Erinnerung daran mahnt, weiterhin sowohl über das mörderische Bauwerk als auch die SED-Diktatur als ...solche aufzuklären. Gerade nach den singulären NS-Massenverbrechen gegen die Menschlichkeit gilt es, jegliche Menschenrechtsverletzungen zu analysieren und zu ächten. Das bleibt bedeutsam.
Whether and how violence can be controlled to spare innocent lives is a central issue in international relations. The most ambitious effort to date has been the International Criminal Court (ICC), ...designed to enhance security and safety by preventing egregious human rights abuses and deterring international crimes. We offer the first systematic assessment of the ICC's deterrent effects for both state and nonstate actors. Although no institution can deter all actors, the ICC can deter some governments and those rebel groups that seek legitimacy. We find support for this conditional impact of the ICC cross-nationally. Our work has implications for the study of international relations and institutions, and supports the violence-reducing role of pursuing justice in international affairs.
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