東華大學圖書館 |

Language: English

Help

回圖書館首頁

手機版館藏查詢

Back

Switch To: Labeled | MARC Mode | ISBD

Transitional justice and a state's r...

Roberti di Sarsina, Jacopo.

Linked to FindBook

Google Book

Amazon

博客來

Transitional justice and a state's response to mass atrocity = reassessing the obligations to investigate and prosecute /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Transitional justice and a state's response to mass atrocity/ by Jacopo Roberti di Sarsina.
Reminder of title:	reassessing the obligations to investigate and prosecute /
Author:	Roberti di Sarsina, Jacopo.
Published:	The Hague :T.M.C. Asser Press : : 2019.,
Description:	xlii, 248 p. :ill., digital ;24 cm.
[NT 15003449]:	Chapter 1. Introduction -- Chapter 2. The Content of the Obligations to Investigate and Prosecute International Humanitarian Law Violations - The 1949 Geneva Conventions and the Additional Protocols -- Chapter 3. The Content of the Obligations to Investigate and Prosecute International Human Rights Law Violations -- Chapter 4. International Law and Transitional Justice: The Difficulties of Abiding by the Obligations to Investigate and Prosecute in Countries Facing a Transition -- Chapter 5. State's International Responsibility for Failing to Investigate and Prosecute Mass Atrocities: Are there Techniques within International Law to Solve the Dilemmas Raised by Transitions? -- Chapter 6. Conclusions.
Contained By:	Springer eBooks
Subject:	Justice. -
Online resource:	https://doi.org/10.1007/978-94-6265-276-7
ISBN:	9789462652767

Transitional justice and a state's response to mass atrocity = reassessing the obligations to investigate and prosecute /
Roberti di Sarsina, Jacopo.

Transitional justice and a state's response to mass atrocityreassessing the obligations to investigate and prosecute /[electronic resource] :by Jacopo Roberti di Sarsina. - The Hague :T.M.C. Asser Press :2019. - xlii, 248 p. :ill., digital ;24 cm.

Chapter 1. Introduction -- Chapter 2. The Content of the Obligations to Investigate and Prosecute International Humanitarian Law Violations - The 1949 Geneva Conventions and the Additional Protocols -- Chapter 3. The Content of the Obligations to Investigate and Prosecute International Human Rights Law Violations -- Chapter 4. International Law and Transitional Justice: The Difficulties of Abiding by the Obligations to Investigate and Prosecute in Countries Facing a Transition -- Chapter 5. State's International Responsibility for Failing to Investigate and Prosecute Mass Atrocities: Are there Techniques within International Law to Solve the Dilemmas Raised by Transitions? -- Chapter 6. Conclusions.

This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York) He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.

ISBN: 9789462652767

Standard No.: 10.1007/978-94-6265-276-7doiSubjects--Topical Terms:

525053
Justice.

LC Class. No.: JC571 / .R634 2019

Dewey Class. No.: 323

Transitional justice and a state's response to mass atrocity = reassessing the obligations to investigate and prosecute /
LDR:04290nmm a2200325 a 4500 001 2180616
003 DE-He213
005 20190326125832.0
006 m d
007 cr nn 008maaau
008 191122s2019 ne s 0 eng d
020 $a 9789462652767 $q (electronic bk.)
020 $a 9789462652750 $q (paper)
024 7 $a 10.1007/978-94-6265-276-7 $2 doi
035 $a 978-94-6265-276-7
040 $a GP $c GP
041 0 $a eng
050 4 $a JC571 $b .R634 2019
072 7 $a JPVH $2 bicssc
072 7 $a LAW051000 $2 bisacsh
072 7 $a JPVH $2 thema
082 0 4 $a 323 $2 23
090 $a JC571 $b .R642 2019
100 1 $a Roberti di Sarsina, Jacopo. $3 3386859
245 1 0 $a Transitional justice and a state's response to mass atrocity $h [electronic resource] : $b reassessing the obligations to investigate and prosecute / $c by Jacopo Roberti di Sarsina.
260 $a The Hague : $b T.M.C. Asser Press : $b Imprint: T.M.C. Asser Press, $c 2019.
300 $a xlii, 248 p. : $b ill., digital ; $c 24 cm.
505 0 $a Chapter 1. Introduction -- Chapter 2. The Content of the Obligations to Investigate and Prosecute International Humanitarian Law Violations - The 1949 Geneva Conventions and the Additional Protocols -- Chapter 3. The Content of the Obligations to Investigate and Prosecute International Human Rights Law Violations -- Chapter 4. International Law and Transitional Justice: The Difficulties of Abiding by the Obligations to Investigate and Prosecute in Countries Facing a Transition -- Chapter 5. State's International Responsibility for Failing to Investigate and Prosecute Mass Atrocities: Are there Techniques within International Law to Solve the Dilemmas Raised by Transitions? -- Chapter 6. Conclusions.
520 $a This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York) He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.
650 0 $a Justice. $3 525053
650 0 $a Civil rights. $3 530268
650 1 4 $a Human Rights. $3 760752
650 2 4 $a International Humanitarian Law, Law of Armed Conflict. $3 1566603
650 2 4 $a International Criminal Law. $3 1566602
650 2 4 $a War Crimes. $3 2017809
650 2 4 $a Human Rights and Crime. $3 3227305
710 2 $a SpringerLink (Online service) $3 836513
773 0 $t Springer eBooks
856 4 0 $u https://doi.org/10.1007/978-94-6265-276-7
950 $a Law and Criminology (Springer-41177)