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Redress for Victims of Crimes Under International Law

2013-11-11 Law
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Release : 2013-11-11
Genre : Law
Kind : eBook
Book Rating : 276/5 ( reviews)

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Book Synopsis Redress for Victims of Crimes Under International Law by : Ilaria Bottigliero

Download or read book Redress for Victims of Crimes Under International Law written by Ilaria Bottigliero. This book was released on 2013-11-11. Available in PDF, EPUB and Kindle. Book excerpt: Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims' redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims' redress.

Towards a Comprehensive Redress Regime for Victims of Crimes Under International Law

2003
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Release : 2003
Genre :
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Book Synopsis Towards a Comprehensive Redress Regime for Victims of Crimes Under International Law by : Ilaria Bottigliero

Download or read book Towards a Comprehensive Redress Regime for Victims of Crimes Under International Law written by Ilaria Bottigliero. This book was released on 2003. Available in PDF, EPUB and Kindle. Book excerpt: Most of the world's legal systems recognize the basic principle of victims' redress for the harm suffered. Paradoxically, however, only in exceptional cases have victims of extreme violations such as genocide, war crimes or crimes against humanity received fair, adequate and prompt reparation. The thesis argues that to develop more effective redress for victims of major crimes, the international community must move beyond the fragmented approach we now have, towards a more comprehensive redress regime capable of applying coherent redress principles to all victims of major crimes on a fair, adequate and prompt basis. The thesis examines the historical origins of victims' redress and then explores its evolution and practical application in the frameworks of domestic law, regional and universal human rights regimes, humanitarian law, State responsibility, United Nations practice and international criminal law. Finally, the thesis recommends practical ways to move towards such a comprehensive redress regime.

Reparations and Victim Support in the International Criminal Court

2012-04-12 Law
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Release : 2012-04-12
Genre : Law
Kind : eBook
Book Rating : 931/5 ( reviews)

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Book Synopsis Reparations and Victim Support in the International Criminal Court by : Conor McCarthy

Download or read book Reparations and Victim Support in the International Criminal Court written by Conor McCarthy. This book was released on 2012-04-12. Available in PDF, EPUB and Kindle. Book excerpt: Alongside existing regimes for victim redress at the national and international levels, in the coming years international criminal law and, in particular, the International Criminal Court, will potentially provide a significant legal framework through which the harm caused by egregious conduct can be addressed. Drawing on a wealth of comparative experience, Conor McCarthy's study of the Rome Statute's regime of victim redress provides a comprehensive exploration of this framework, examining both its reparations regime and its scheme for the provision of victim support through the ICC Trust Fund. The study explores, in particular, whether the creation of a regime of victim redress has a role to play as part of a system for the administration of international criminal justice and, more generally, whether it has such a role alongside other regimes, at the national and international levels, by which the harm suffered by victims of egregious conduct may be redressed.

The Right to Justice for Victims of Human Rights Crimes

2013 Crimes against humanity
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Release : 2013
Genre : Crimes against humanity
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Book Synopsis The Right to Justice for Victims of Human Rights Crimes by :

Download or read book The Right to Justice for Victims of Human Rights Crimes written by . This book was released on 2013. Available in PDF, EPUB and Kindle. Book excerpt: The past three decades have seen increasing concern in the international community for the need to more effectively 'do justice' for victims of mass atrocities. At the same time, there is a growing recognition that such justice includes, together with the need to ensure that appropriate reparation is provided to victims, the criminal accountability of those responsible for the most serious crimes. This thesis argues that there is an intrinsic relationship between these two emerging values. In particular, it demonstrates that a right to justice, understood as the right to the determination of the individual criminal responsibility of wrongdoers, is emerging under international law as an imperative remedy for victims of gross human rights violations and international crimes, alongside more traditional forms of reparation. The development of victims' right to justice invites a reconsideration of the role and the rights of victims in criminal proceedings. It is argued that if victims have a right to the prosecution of human rights offenders as an integral component of their right to remedy, it is legitimate to assert that they should also be granted corresponding procedural rights in the criminal process. Through an extensive review of international legal instruments and practice and a comparative analysis of domestic criminal justice systems, this study demonstrates that the role of victims and the rights they possess in criminal proceedings have considerably expanded during the past three decades. The most significant development can be found in the law and practice of international and internationalized criminal tribunals, where procedures have been introduced aimed at enabling victims to participate in the proceedings. The incorporation of a regime of victim redress within the framework of international criminal tribunals not only represents an extension of the mandate of international criminal justice but also confirms a shift in the way in which redress is conceptualised at the international level.

International Law of Victims

2012-07-11 Law
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Release : 2012-07-11
Genre : Law
Kind : eBook
Book Rating : 400/5 ( reviews)

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Book Synopsis International Law of Victims by : Carlos Fernández de Casadevante Romani

Download or read book International Law of Victims written by Carlos Fernández de Casadevante Romani. This book was released on 2012-07-11. Available in PDF, EPUB and Kindle. Book excerpt: After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states’ obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.

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