De facto International Prosecutors in a Global Era: With My Own Eyes

ISBN-13: 9781108498166 / Angielski / Twarda / 2022 / 225 str.

Melinda Rankin (University of Sydney)

Opis

In the past decades, great strides have been made to ensure that crimes against humanity and state-sponsored organized violence are not committed with impunity. Alongside states, large international organizations such as the United Nations and forums such as the International Criminal Court, 'de facto international prosecutors' have emerged to address these crimes. Acting as investigators and evidence-gathers to identify individuals and officials engaged in serious human rights violations, these 'private' non-state actors, and state legal 'officials' in a foreign court, pursue criminal accountability for those most responsible for core international crimes. They do so when local options to investigate fail and an international criminal tribunal remains unavailable. This study outlines three case studies of witnesses and victims who pursue those most responsible, including former heads of state. It examines their practices and strategies, and shows how witnesses and victims of core crimes emerge as key leaders in the accountability process.

Recenzje

'The story of international criminal justice is typically told as a very public one. But behind the scenes, prosecutions languish or come to life often thanks to the solitary quests of 'private prosecutors'. Melinda Rankin's book tells a formidably intriguing story, one in which victims and witnesses are not merely the beneficiaries of international criminal justice but, in fact, its backbone. It reinstates the power of the biographical in highlighting the larger than life trajectories without which international criminal justice would flounder. Compelling reading for political scientists and international lawyers alike, 'de facto international prosecutors' breaks new ground at every turn.' Frédéric Mégret, Professor of Law at McGill University, Co-director of the Centre for Human Rights, and Legal Pluralism William Dawson Scholar

Spis treści

Acknowledgements; Introduction; Part I. Framework I: Conceptualising De facto international prosecutors in a Global Era: 1. Extending the reach of international criminal law (ICL); Part II. Three biographical case studies: De facto international prosecutors in practice: 2. De facto international prosecutors and prosecuting Pinochet (Chile); 3. De facto international prosecutors and a verdict for Habré (Chad); 4. De facto international prosecutors and the CIJA (Syria); 5. A legal obligation to prosecute: from de facto to de jure international prosecutors? (Germany/Syria); Part III. Framework II: How De facto international prosecutors conceptualise international criminal law: 6. A basic law for international criminal law?; Conclusion; References; Index.