Exploring the Boundaries of International Criminal Justice

ISBN-13: 9780754649793 / Angielski / Twarda / 2011 / 296 str.

Ralph Henham;Mark Findlay

Opis

This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.

Recenzje

'...a really practical guide for those who dig into contemporary issues and problematic aspects of the system of ICJ and transitional justice...The scholarly and practical value of the volume for lawyers, sociologists, practitioners and all those who would like to explore the boundaries of ICJ, is thereby reinforced by its timely proposals, critical analysis and comprehensive practical approaches.' Criminal Law Forum

Spis treści

Chapter 1 Introduction: Rethinking International Criminal Justice?; Part I Achieving Justice in Post-Conflict Societies; Chapter 2 Mass Atrocity: Theories and Concepts of Accountability – On the Schizophrenia of Accountability, Caroline Fournet; Chapter 3 Collective Responsibility for Global Crime: Limitations with the Liability Paradigm, Mark Findlay; Chapter 4 Victims’ Expectations towards Justice in Post-Conflict Societies: A Bottom-Up Perspective, Ernesto Kiza, Holger-C. Rohne; Chapter 5 Making International Criminal Procedure Work: From Theory to Practice, Richard Vogler; Chapter 6 Should States Bear the Responsibility of Imposing Sanctions on its Citizens who as Witnesses Commit Crimes before the ICC?, Sylvia Ngane; Part II International Criminal Justice as Governance; Chapter 7 Exclusion and Inclusion: Bio-Politics and Global Governance through Criminalisation, Edwin Bikindo; Chapter 8 Contrasting Dynamics of Global Administrative Measures and International Criminal Courts: Cosmopolitanism, Multilateralism, State Interests, Nicholas Dorn; Chapter 9 Governing through Globalised Crime: Thoughts on the Transition from Terror, Mark Findlay; Chapter 10 Evaluating Sentencing as a Force for Achieving Justice in International Criminal Trials, Ralph Henham; Chapter 11 The Paradox of Global Terrorism and Community-Based Security Policing, Clive Walker;

O autorze

Ralph Henham is Professor of Criminal Justice at Nottingham Law School, Nottingham Trent University. His research interests are in International and Comparative Criminal Justice and International Sentencing and Penality in particular. He has published widely on these and related areas. Mark Findlay holds research chairs in Singapore and Australia, at the Law schools of the University of Sydney, Singapore Management University and until recently Leeds University and Nottingham Law School. He was for many years an Associate Senior Research Fellow at the Institute of Advanced Legal Studies, University of London, and is now the co-chair of the WUN International and Comparative Criminal Justice Network.