All too often in situations of armed conflicts, rape and other acts of sexual violence are used as military tactics. The use of sexual violence as a strategy of war is distinctively destructive and not only leaves victims with significant psychological scars but also tears apart the fabric of families and affected communities. Sexual Violence and Effective Redress for Victims in Post-Conflict Situations: Emerging Research and Opportunities is a collection of innovative research that analyzes these crimes and their implications for the needs of victims in post-conflict justice processes and how these needs can be effectively addressed in order to support the affected community. To conduct this analysis, it explores the distinct aspects of these crimes to understand the nature and extent of the social challenges and damage facing the victim, and examines the challenges and limitations of international criminal justice in dealing with a wide range of victim needs. While highlighting topics including judicial accountability, victims’ rights, and criminal justice, this book is ideally designed for psychologists, therapists, government officials, academicians, policymakers, and researchers.
The Scene of the Mass Crime takes up the unwritten history of the peculiar yet highly visible form of war crimes trials. These trials are the first and continuing site of the interface of law, history and film. From Nuremberg to the contemporary trials in Cambodia, film, in particular, has been crucial both as evidence of atrocity and as the means of publicizing the proceedings. But what does film bring to justice? Can law successfully address war crimes, atrocities, genocide? What do the trials actually show? What form of justice is done, and how does it relate to ordinary courts and proceedings? What lessons can be drawn from this history for the very topical political issue of filming civil and criminal trials? This book takes up the diversity and complexity of these idiosyncratic and, in strict terms, generally extra-legal medial situations. Drawing on a fascinating diversity of public trials and filmic responses, from the Trial of the Gang of Four to the Gacaca local courts of Rwanda to the filmic symbolism of 9-11, from Soviet era show trials to Nazi People's Courts leading international scholars address the theatrical, political, filmic and symbolic importance of show trials in making history, legitimating regimes and, most surprising of all, in attempting to heal trauma through law and through film. These essays will be of considerable interest to those working on international criminal law, transitional justice, genocide studies, and the relationship between law and film.
'Chris is a powerful force for good in the national debate on criminal justice.' –The Secret Barrister 'Extraordinary' – Krishnan Guru-Murthy Almost everything we think about crime and punishment is wrong. I am going to show you why. And what we can do about it. Chris Daw QC has been practising criminal law for over 25 years, navigating Britain's fractured justice system from within. He has looked into the eyes of murderers, acted for notorious criminals, and listened to the tangled tales woven by fraudsters, money launderers and drug barons. Yet his work takes place at the heart of a system at breaking point – one which is failing perpetrators, victims and society – and now he is convinced that something must change. For most of us the criminal law only matters when we are victims of crime or are called for jury service. But what if everything we have been told about crime and punishment is wrong? What if the whole criminal justice system is a catastrophic waste of money, churning out lifelong criminals, dragging children into court from as young as ten, and fighting a war on drugs that can never be won? Drawing on his own fascinating case histories and global reporting, including the 2019 London Bridge attacks, Alabama's prison system and one of Britain's most dramatic mass shootings, Daw presents a radical new set of solutions for crime and punishment. By turns shocking, moving and pragmatic, Justice on Trial offers rare inside access to a system in crisis and a roadmap to a future beyond the binary of 'good' and 'evil'.
This book addresses the discursive importance of the prosecution’s opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. This book aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times. It takes an interdisciplinary approach and looks at the meaning of the opening narrative beyond its function in the legal process in a strict sense, discussing the ways in which the trial is situated in time and space and how it portrays the main characters. It shows how perpetrators and victims, places and histories, are juridified in a narrative that, whilst purporting to legitimise the trial, the tribunal and international criminal law itself, is beset with tensions and contradictions. Providing an original perspective on the operation of international criminal law, this book will be of considerable interest to those working in this area, as well as those with relevant interests in International/Transnational Law more generally, Critical Legal Studies, Law and Literature, Socio-Legal Studies, Law and Geography and International Relations.
60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly reoccurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.
In The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations, Juan Carlos Ochoa offers a systematic analysis of international and comparative domestic law on the position of the victim in the prosecution of these infringements, points to the deficiencies of the current state of customary international law, and proposes specific reforms.
This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.
Imagine a criminal justice system that achieves fewer than five convictions per year and spends more than $20 million on each. By some measures, this would make it the least efficient prosecutorial system in recorded history, with the risk of creating rather than deterring more crimes, and one that few victims or perpetrators believe provides fairness. This is the state of international criminal justice today. How did one of the bravest and most optimistic expressions of post-Cold War global power–the provision of justice to those victimized by atrocious crimes–degenerate into a system in which so few are convinced justice is being done, a system that may well exacerbate the very problems it was designed to fix? Adam M. Smith, an international lawyer who has worked at The Hague and in the Balkans and is the son of a Holocaust refugee, comprehensively examines the complex, politicized world of international criminal justice, reviewing the serious shortcomings of the international justice system in several hot spots, including: • The former Yugoslavia, where a one-billion-dollar investment has spectacularly backfired. • Sierra Leone, where the same wartime factions that the international community tried to dismantle remain, and in some quarters are stronger than ever. • Rwanda, where the post-conflict tribunal was met with dismay by all sectors of society, has played second fiddle to the Yugoslav tribunal, operates on a shoestring budget, and receives begrudging cooperation from the Rwandan government. • Sudan and Uganda, where the nascent International Criminal Court has inexplicably replicated many of the same problems that plague the former Yugoslavia, Sierra Leone, and Rwanda. Are other options available to provide the good of justice without the potentially devastating side effects? Smith illustrates the viability of a counterintuitive "solution" to dealing with genocide and other mass crimes: to entrust the challenging, potentially destabilizing work of war crimes justice to the very states affected by the crimes. After Genocide is indispensable reading for voters, policymakers, and citizens as well as lawyers, academics, and human rights activists who hope that "never again" can be more than a platitude.
Expressivist Foundations of International Criminal Justice
Author: Carsten Stahn
Publisher: Oxford University Press
International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.
War Crimes and the Promise of Justice in The Hague
Author: Eric Stover
Publisher: University of Pennsylvania Press
In recent years, the world community has demonstrated a renewed commitment to the pursuit of international criminal justice. In 1993, the United Nations established two ad hoc international tribunals to try those responsible for genocide and crimes against humanity in the former Yugoslavia and Rwanda. Ten years later, the International Criminal Court began its operations and is developing prosecutions in its first two cases (Congo and Uganda). Meanwhile, national and hybrid war crimes tribunals have been established in Sierra Leone, Kosovo, Serbia and Montenegro, Croatia, Bosnia and Herzegovina, East Timor, Indonesia, Iraq, and Cambodia. Thousands of people have given testimony before these courts. Most have witnessed war crimes, including mass killings, torture, rape, inhumane imprisonment, forced expulsion, and the destruction of homes and villages. For many, testifying in a war crimes trial requires great courage, especially as they are well aware that war criminals still walk the streets of their villages and towns. Yet despite these risks, little attention has been paid to the fate of witnesses of mass atrocity. Nor do we know much about their experiences testifying before an international tribunal or the effect of such testimony on their return to their postwar communities. The first study of victims and witnesses who have testified before an international war crimes tribunal, The Witnesses examines the opinions and attitudes of eighty-seven individuals—Bosnians, Muslims, Serbs, and Croats—who have appeared before the International Criminal Tribunal for the former Yugoslavia.
Examining Violent Crime Victims in Investigative and Legal Contexts
Author: Brent E. Turvey
Publisher: Academic Press
This new textbook provides students with the basic principles and practice standards of forensic victimology--the scientific study of victims for the purposes of addressing investigative and forensic issues. It provides case-based coverage with original insights into the role that victimology plays in the justice system, moving beyond the traditional theoretical approaches already available. The purpose of this textbook is to distinguish the investigative and forensic aspects of victim study as a necessary adjunct to the field of victimology. It identifies forensic victimologists in the investigative and forensic communities and provides them with methods and standards of practice needed to be of service. This book is intended to educate students on the means and rationale for performing victimological assessments with a scientific mindset. Forensic Victimology is designed specifically for teaching the practical aspects of this topic, with “hands on real-life case examples. Applied victimology for students and caseworkers performing objective examinations as opposed to theoretical victimology that studies victim groups and crime statistics. First ever textbook detailing a mandate, scope and methods for forensic victimologist practitioners. Provides a critical / scientific counterbalance to existing mainstream texts approaching general victimology with a pro-victim bias. Written by practitioners of forensic victimology in the investigative, forensic, mental health, and academic communities.
A former Governor General of New Zealand, Dame Silvia is well known for defending human rights through the United Nations, for furthering international justice, and for her deep analysis of the victim experience. She has described the purpose of international trials as 'to end impunity, promote peace and reconciliation, punish those who have perpetrated proven mass crimes, and achieve justice for victims'. In this address, Dame Silvia will consider the utility of international criminal trials against the backdrop of the Cambodian experience (1975-9) and others.
New perspectives on human rights prosecutions in various regional contexts Human rights prosecutions are the most prominent mechanisms that victims demand to obtain accountability. Dealing with a legacy of gross human rights violations presents opportunities to enhance the right to justice and promote a more equal application of criminal law, a fundamental condition for a more substantive democracy in societies. This book seeks to analyse the impact, advances, and difficulties of prosecuting perpetrators of mass atrocities at national and international levels. What role does criminal justice play in redressing victims’ wrongs, guaranteeing the non-repetition of mass atrocities, and attempting to overcome the damage caused by systematic human rights violations? This volume addresses critical issues in the field of human rights prosecution by drawing on the experiences of a variety of post-conflict and authoritarian countries covering three world regions. Contributing authors cover prosecutions in post-Nazi Germany, post-Communist Romania, and transnational legal complaints by victims of the Franco dictatorship, as well as domestic and third-country prosecutions for human rights violations in the pioneering South American countries of Argentina, Chile, Peru, and Uruguay, prosecutions in Darfur and Kenya, and the work of the International Criminal Court. The Impact of Human Rights Prosecutions offers insights into the difficulties human rights trials face in different contexts and regions, and also illustrates the development of these legal procedures over time. The volume will be of interest to human rights scholars as well as legal practitioners, participants, justice system actors, and policy makers.
Perspectives on rights, transition and reconciliation
Author: Inge Vanfraechem
Category: Social Science
Justice for Victims brings together the world’s leading scholars in the fields of study surrounding victimization in a pioneering international collection. This book focuses on the current study of victims of crime, combining both legal and social-scientific perspectives, articulating both in new directions and questioning whether victims really do have more rights in our modern world. This book offers an interdisciplinary approach, covering large-scale (political) victimization, terrorist victimization, sexual victimization and routine victimization. Split into three sections, this book provides in-depth coverage of: victims' rights, transitional justice and victims' perspectives, and trauma, resilience and justice. Victims' rights are conceptualised in the human rights framework and discussed in relation to supranational, international and regional policies. The transitional justice section covers victims of war from those caught between peace and justice, as well as post-conflict justice. The final section focuses on post-traumatic stress, connecting psychological and anthropological perceptions in analysing collective violence, mass victimization and trauma. This book addresses challenging and new issues in the field of victimology and the study of transitional and restorative justice. As such, it will be of interest to researchers, practitioners and students interested in the fields of victimology, transitional justice, restorative justice and trauma work.
This book investigates the road map or the transitional justice mechanisms that theEthiopian government chose to confront the gross human rights violations perpetratedunder the 17 years’ rule of the Derg, the dictatorial regime that controlled state powerfrom 1974 to 1991. Furthermore, the author extensively examines the prosecution ofpoliticide or genocide against political groups in Ethiopia. Dealing with the violent conflict, massacres, repressions and other mass atrocities ofthe past is necessary, not for its own sake, but to clear the way for a new beginning.In other words, ignoring gross human rights violations and attempting to close thechapter on an oppressive dictatorial past by choosing to let bygones be bygones, is nolonger a viable option when starting on the road to a democratic future. For unaddressedatrocities and a sense of injustice would not only continue to haunt a nation butcould also ignite similar conflicts in the future. So the question is what choices are available to the newly installed government whenconfronting the evils of the past. There are a wide array of transitional mechanismsto choose from, but there is no “one size fits all” mechanism. Of all the transitionaljustice mechanisms, namely truth commissions, lustration, amnesty, prosecution,and reparation, the Ethiopian government chose prosecution as the main means fordealing with the horrendous crimes committed by the Derg regime. One of the formidable challenges for transitioning states in dealing with the crimes offormer regimes is an inadequate legal framework by which to criminalize and punish/divegregious human rights violations. With the aim of examining whether or not Ethiopiahas confronted this challenge, the book assesses Ethiopia’s legal framework regardingboth crimes under international law and individual criminal responsibility. This book will be of great relevance to academics and practitioners in the areas ofgenocide studies, international criminal law and transitional justice. Students in thefields of international criminal law, transitional justice and human rights will alsofind relevant information on the national prosecution of politicide in particular andthe question of confronting the past in general. Marshet Tadesse Tessema is Assistant Professor of the Law School, College of Law andGovernance at Jimma University in Ethiopia, and Postdoctoral Fellow of the SouthAfrican-German Centre, University of the Western Cape in South Africa./div
Dedicated to one of the great innovations in the proceedings before the International Criminal Court, this book offers a comprehensive analysis of the Court’s power to order a convicted person to make reparations to victims, possibilities for its implementation and its potential to bring justice to victims.
Historical Perspectives on the Politics of Prosecuting War Crimes
Author: Patricia Heberer
Publisher: U of Nebraska Press
These essays are organised into four sections, dealing with the history of war crime trials from Weimar Germany to just after World War II, the sometimes diverging Allied attempts to come to terms with the Nazi concentration camp system, the ability of postwar societies to confront war crimes of the past and the legacy of war crime trials.
International Criminal Law from Nuremberg to the Age of Global Terrorism
Author: Jonathan Hafetz
Publisher: Cambridge University Press
Over the past decades, international criminal law has evolved to become the operative norm for addressing the worst atrocities. Tribunals have conducted hundreds of trials addressing mass violence in the former Yugoslavia, Rwanda, Sierra Leone, Cambodia, and other countries to bring to justice perpetrators of genocide, war crimes, and crimes against humanity. But international courts have struggled to hold perpetrators accountable for these offenses while still protecting the fair trial rights of defendants. Punishing Atrocities through a Fair Trial explores this tension, from criticism of the Nuremberg Trials as 'victor's justice' to the accusations of political motivations clouding prosecutions today by the International Criminal Court. It explains why international criminal law must adhere to transparent principles of legality and due process to ensure its future as a legitimate and viable legal regime.
During the 1980s, thousands of Chadian citizens were detained, tortured, and raped by then-President Hissène Habré's security forces. Decades later, Habré was finally prosecuted for his role in these atrocities not in his own country or in The Hague, but across the African continent, at the Extraordinary African Chambers in Senegal. By some accounts, Habré's trial and conviction by a specially built court in Dakar is the most significant achievement of global criminal justice in the past decade. Simply creating a court and commencing a trial against a deposed head of state was an extraordinary success. With its 2016 judgment, affirmed on appeal in 2017, the hybrid tribunal in Senegal exceeded expectations, working to deadlines and within its budget, with no murdered witnesses or self-dealing officials. This book details and contextualizes the Habré trial. It presents the trial and its impact using a novel structure of first-person accounts from 26 direct actors (Part I), accompanied by academic analysis from leading experts on international criminal justice (Part II). Combined, these views present both local and international perspectives through distinct but inter-locking parts: empirical source material from understudied actors both within and outside the court is then contextualized with expert analysis that reflects on the construction and work of: the Extraordinary African Chamber (EAC) as well as wider themes of international criminal law. Together with an introduction laying out the work and significance of the EAC and its trial of Hissène Habré, the book is a comprehensive consideration of a history-making trial.