عنوان

Transitional justice and a state's response to mass atrocity :

(Number (ISBN

9462652767

(Number (ISBN

9462652775

(Number (ISBN

9789462652767

(Number (ISBN

9789462652774

Erroneous ISBN

9462652759

Erroneous ISBN

9789462652750

Title Proper

Transitional justice and a state's response to mass atrocity :

General Material Designation

[Book]

Other Title Information

reassessing the obligations to investigate and prosecute /

First Statement of Responsibility

Jacopo Roberti di Sarsina ; [Forewords by William Schabas and Augusto Antonio Barbera]

Place of Publication, Distribution, etc.

Springer,

Name of Publisher, Distributor, etc.

T.M.C. Asser Press ;

Date of Publication, Distribution, etc.

[2019]

Date of Publication, Distribution, etc.

©2019

Specific Material Designation and Extent of Item

1 online resource

Text of Note

Intro; Foreword by William Schabas; Foreword by Augusto Antonio Barbera; Acknowledgements; Contents; About the Author; Abbreviations; List of Figures; List of Cases; List of Treaties, Peace Agreements, and National Legislation; 1 Introduction; References; 2 The Content of the Obligations to Investigate and Prosecute International Humanitarian Law Violations-The 1949 Geneva Conventions and the Additional Protocols; Abstract; 2.1 The "Respect and Ensure Respect" Provision; 2.1.1 The Purpose of Common Article 1; 2.1.2 A Dynamic Interpretation? Between Internal and External Compliance Dimensions

Text of Note

2.1.3 The Travaux Préparatoires2.1.4 The ICRC Commentaries; 2.1.5 The Interpretation of the "Respect" Provision in Light of Other International Treaties; 2.1.6 The Interpretation of the "Ensure Respect" Provision in Light of Other International Treaties and State Practice; 2.1.7 The Interpretation of the "In All Circumstances" Term; 2.2 The Obligations to Investigate and Prosecute; 2.2.1 The Obligation to Criminalize; 2.2.2 The Obligation to Search; 2.2.3 The Obligation to Bring Those Responsible Before Domestic Courts; 2.2.4 The Question of Amnesty; 2.2.5 The Obligation to Extradite

Text of Note

2.2.6 The Obligation to "Suppress" "Other" Serious Violations2.2.7 Other Residuary Mechanisms to Ensure Compliance; 2.2.8 The Nature of the Obligations to Investigate and Prosecute; References; 3 The Content of the Obligations to Investigate and Prosecute International Human Rights Law Violations; Abstract; 3.1 Crimes Defined in International Human Rights Conventions as Explicitly Requiring Investigation and Prosecution; 3.1.1 The Genocide Convention; 3.1.2 The Torture Convention; 3.1.3 The Enforced Disappearance Convention; 3.1.4 Comparative Analysis

Text of Note

3.2 Investigating and Prosecuting Under Comprehensive Universal and Regional Human Rights Conventions3.2.1 Investigating and Prosecuting Under the International Covenant on Civil and Political Rights; 3.2.1.1 The Obligations to Investigate and Prosecute; 3.2.1.2 Different Rationales Behind the Obligations to Investigate and Prosecute; 3.2.2 Investigating and Prosecuting Under the European Convention on Human Rights; 3.2.2.1 The Obligations to Investigate and Prosecute; 3.2.2.2 Different Rationales Behind the Obligations to Investigate and Prosecute

Text of Note

3.2.3 Investigating and Prosecuting Under the American Convention on Human Rights3.2.3.1 The Obligations to Investigate and Prosecute; 3.2.3.2 Different Rationales Behind the Obligations to Investigate and Prosecute; 3.2.4 Investigating and Prosecuting Under Customary International Law-Crimes Against Humanity; 3.2.4.1 Treaty Provisions as the Basis of a Customary Norm; 3.2.4.2 Crimes Against Humanity; 3.2.4.3 The Jus Cogens Nature of Crimes Against Humanity, Genocide, and War Crimes; References

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Text of Note

This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights law violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution.

Source for Acquisition/Subscription Address

Springer

Title

Transitional justice and a state's response to mass atrocity.

International Standard Book Number

9462652759

Civil rights.

Transitional justice.

Civil rights.

Justice.

POLITICAL SCIENCE-- Political Freedom & Security-- Civil Rights.

POLITICAL SCIENCE-- Political Freedom & Security-- Human Rights.

JPVH

JPVH

POL-- 004000

POL-- 035010

Number

Edition

Class number

Book number

Roberti di Sarsina, Jacopo,1984-

Barbera, Augusto

Schabas, William,1950-

Date of Transaction

20200823215541.0

Cataloguing Rules (Descriptive Conventions))

pn

Electronic name

[Book]

Y