Suchergebnisse

"This book explores, through the lens of the conflict in Syria, why international law and the United Nations have failed to halt conflict and massive human rights violations in many places around the world. The work presents a critical socio-legal analysis of the failures of international law and the United Nations to deal with mass atrocities and conflict. It argues that international law, in the way it is set up and the way it operates, falls short in dealing with these issues in many respects. The argument is that international law is state-centred rather than victim-friendly, is to some extent outdated, is vague and often difficult to understand, and therefore, at times, hard to apply. While various accountability processes have come to the fore recently, processes do not exist to assist individual victims while the conflict occurs, or the abuses are being perpetrated. The book focuses on the problems of international law and the UN, and, in the context of the many enforced disappearances and arbitrary detentions in Syria, why nothing has been done to deal with a rogue state that has regularly violated international law. It examines why the Responsibility to Protect (R2P) has not been applied, and why it ought to be used, generally and in Syria. It uses the Syrian context to evaluate the weaknesses of the system and why reform is needed. It examines the UN institutional mechanisms, the role they play and why a civilian protection system is needed. It examines what mechanism ought to be set up to deal with the possible one million people that have been disappeared and detained in Syria"--

The Global Impact and Legacy of Truth Commissions emerges at a time when there is a confluence of two trends. The first is a growing critique of truth commissions as being unresponsive to the socio-economic needs of transitional societies as part of growing criticism of transitional justice as a whole. The second is the increasing use, salience, professionalism and ambition of truth commissions. Thus, the book is published at a time when truth commissions are being both doubted and reified like never before. In this context, the book's purpose is to understand the impact and legacy of these institutions over the past fifty years. Bringing together many prominent voices on the topic, this book investigates what kind of impact and legacy (possibly 100) truth commissions have had on the societies in which they have taken place, and for future truth commissions the world over.

In 1904, the indigenous Herero people of German South West Africa (now Namibia) rebelled against their German occupiers. In the following four years, the German army retaliated, killing between 60,000 and 100,000 Herero people, one of the worst atrocities ever. The history of the Herero genocide remains a key issue for many around the world partly because the German policy not to pay reparations for the Namibian genocide contrasts with its long-standing Holocaust reparations policy. The Herero case bears not only on transitional justice issues throughout Africa, but also on legal issues elsewhere in the world where reparations for colonial injustices have been called for. The book argues that the Herero genocide was linked to Germany's late entry into the colonial race, which led it frenetically and ruthlessly to acquire multiple colonies all over the world within a very short period, using any means available

The legacy of the Herero genocide on Namibia today -- The historical and current legal implications of Germany's conduct -- The developing norm of reparations and apologies for historical claims : past, present and future

This article reflects concerns about what may emerge from the United Nations human rights treaty body (TB) review process that began in April 2020. The fear specifically is what the outcome of that review may be and whether the goal of strengthening and/or streamlining TBs will actually result in a less robust state oversight and human rights compliance methodology in the future. Already TBs have been weakened by being granted fewer resources, which causes strains on the system, and by steps to make the procedures easier, less cumbersome, less duplicative, less time-consuming, and less resource-intensive for states. This article maintains, however, that more emphasis ought in fact to be placed on enhancing the resources available to these institutions, and on strengthening their roles in a variety of ways, including by increasing their independence as a means to improve their performance. It claims that if streamlining TBs means reducing what impact these bodies can have, this ought to be avoided. The article also stresses that if the domestic component of the state reporting process is enhanced, and the national follow-up procedures and processes further developed, the TB process will see improvements, both in its functioning and in its role in promoting and protecting human rights in states. It is thus reasoned that the global push to create and promote national reporting mechanisms ought to be supported. ; publishersversion ; published

This article examines the issue of state cooperation with the International Criminal Court (icc), and why it is vitally needed to achieve the institution's mandate, including that of human rights protection. The article examines why state cooperation with the icc is so important and what issues undermine it, including disputes with the African Union, but many other issues as well. It surveys what the icc has done to promote cooperation and what steps ought to be taken to try and enhance state cooperation in the future. This is timely as the icc has set up a review process in 2020 to deal with a range of problems including state non-cooperation. The article therefore examines the practices and procedures of the Court, matters concerning its judges and staff, issues around the appointment of a new prosecutor, as well as and judicial appointments, as well as its jurisprudence. The article examines the issues that ought to be addressed, as well as how a variety of actors could better assist the Court, including the Security Council, the wider United Nations system, and the methodology for doing so. The article also reviews what defensive strategies can be taken up to defend the Court, including against aggressive anti-icc actors, such as the United States of America, who are ramping up their attacks on the Court and its personnel.

"Prisons in Africa" published on by Oxford University Press.