The Concept of the Civilian: Legal Recognition, Adjudication and the Trials of International Criminal Justice

ISBN-13: 9781138211292 / Angielski / Miękka / 2016 / 182 str.

Claire Garbett

Opis

The Concept of the Civilian examines how the processes of international criminal justice construct legal recognition of the civilian victims of contemporary armed conflicts. Drawing on a detailed case-study of the International Criminal Tribunal for the former Yugoslavia (ICTY), this book examines two how civilians are understood as a social and legal category of persons; and secondly, how legal practices shape victim identities and redress in relation to these persons. Combining socio-legal concepts and methodologies with insights from transitional justice scholarship, Claire Garbett thus traces the historical emergence of the concept of the civilian, and critically examines how the different stages of legal proceedings produce its conceptual form in distinction from that of combatants.

Recenzje

"Garbett draws on a detailed case study of the International Criminal Tribunal for the Former Yugoslavia to explore two issues central to these justice processes: how to understand civilians as a social and legal category of persons; and how legal practices shape victims’ identities and redress in relation to these persons. Combining sociolegal concepts with insights from transitionaljustice scholarship, the book traces the historical emergence of the concept of the civilian, and critically examines how legal proceedings produce its conceptual form in distinction from that of the combatant."

-Howard S. Erlanger, Law & Social Inquiry

Spis treści

Chapter One: The Concept Of The Civilian: War, Law And Post-Conflict Justice, Chapter Two: The Enforcement Of Civilian Protections: The International Criminal Tribunal For The Former Yugoslavia, Chapter Three: Law’s Of Protection? The Historical Emergence Of The Concept Of The Civilian, Chapter Four: Patterns Of Prosecution: Unlawful Victimization, Its Victims And Their Visibility At The Icty, Chapter Five: The Adjudication Of Civilian Identities: Legal Recognition, Participation And Trial Proceedings, Chapter Six: Recognizing All? The Collective Victimization Of A Civilian Population, Chapter Seven: International Criminal Trials: Civilian Subjects, Legal Practices And Progressive Futures, Bibliography, Index

O autorze

Claire Garbett is a Visiting Fellow in the Centre for Balkan Studies at Goldsmiths, University of London. She has published in the International Journal of Law in Context, Human Rights Law Review, Contemporary Justice Review and Human Rights Review. She holds a PhD from Goldsmiths, University of London.