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Transforming International Criminal Justice

Transforming International Criminal Justice Author Mark J. Findlay
ISBN-10 9781317436683
Release 2005-06-01
Pages 464
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This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities



The International Criminal Court and the Transformation of International Law

The International Criminal Court and the Transformation of International Law Author Leila Nadya Sadat
ISBN-10 STANFORD:36105060996977
Release 2002
Pages 566
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Professor Sadat's book is a valuable restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard GoldstonePublished under the Transnational Publishers imprint."



Beyond Punishment Achieving International Criminal Justice

Beyond Punishment  Achieving International Criminal Justice Author M. Findlay
ISBN-10 9780230250567
Release 2009-11-30
Pages 305
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International criminal justice is challenged to better reflect legitimate victim interest. This book provides a framework for achieving synthesis between restorative and retributive dimensions within international criminal trials in order to achieve the peace-making aspirations of the International Criminal Court.



International and Comparative Criminal Justice

International and Comparative Criminal Justice Author Mark J. Findlay
ISBN-10 9781136184154
Release 2013-06-19
Pages 352
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International criminal justice is in transition. This book explores the growing internationalisation of criminal justice as a phenomenon of global governance. It provides students with a critical understanding of the international institutions for regulating transnational crime, the development of alternative justice processes across the globe, and international and supra-national co-operation criminal justice policies and practices. Key topics covered include: The historical development of International Criminal Justice institutions and traditions International Restorative Justice Victim communities and collaborative justice The relationship between crime and war International Human Rights The ‘War on Terror’ The globalisation of crime and control Developments in global governance, communitarian justice and accountability This text will familiarize students with the literature and debates surrounding international criminal justice and enable them to critically appreciate their theoretical and policy context. In doing so, it encourages students to assess the strengths and weaknesses of different approaches to the study of global justice and the analysis of comparative policy convergence and research. It will also help students to reflect on, and communicate in an informed and critical way theoretical accounts and empirical studies within the field of international criminal justice. This book will be essential reading for upper level undergraduates taking courses in criminal law, international relations and governance and postgraduates engaged in international criminal justice, international law, regulation and governance and human rights.



Principled International Criminal Justice

Principled International Criminal Justice Author Mark Findlay
ISBN-10 9781351258340
Release 2018-07-11
Pages 176
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Commencing its search for a principled international criminal justice, this book argues that the Preamble to the Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what international criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns – the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE (joint criminal enterprise) and aiding and abetting as case-studies in the distortion of proof tests. The substantial harm focus of ICJ (international criminal justice) invites applying compatible proof technologies from tort (causation, aggregation, and participation). The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new and rational vision for the juridical project of international criminal justice.



Transforming Summary Justice

Transforming Summary Justice Author Jenni Ward
ISBN-10 9781317539452
Release 2016-11-10
Pages 164
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Sweeping changes are being introduced into the lower-tier magistrates’ courts in England and Wales in efforts to modernise the system and speed up case processing. They concentrate on delivering prompt justice within a modern, efficient and technologically advanced system. But these transformations are fundamentally changing the way justice is delivered. This book analyses criminal court streamlining processes and argues that there are areas where due process protections are being undermined. Transforming Summary Justice reports empirical research carried out with lay magistrates and criminal justice professionals. Views and experiences drawn from magistrates are valuable because of the central role they perform in lower court justice. Further, magistrates provide a wider understanding of the context in which the lower criminal courts operate and enable a critical appraisal of this unique style of ‘lay justice’. This book is directed at students of criminology, criminal justice and socio-legal studies, who will find the debates stimulating and useful to engage with in contemporary analyses of criminal court justice. It will also be of interest to justice and legal professionals who are seeing swingeing alterations to the field in which they work. The book will have appeal in other common-law jurisdictions, where similar modifications to lower court justice are occurring, and also across Europe, where lay involvement in legal decision-making is being debated and becoming accepted practice.



International Practices of Criminal Justice

International Practices of Criminal Justice Author Mikkel Jarle Christensen
ISBN-10 1351384635
Release 2017
Pages 281
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International Practices of Criminal Justice: Social and Legal Perspectives examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international criminal law and international police cooperation. Although often thought of separately, each of these fields presents criminal justice as a governance method for resolving international challenges and crises. By focusing on examples from international criminal tribunals, transitional justice, transnational crime, and transnational policing and prosecution, the contributors to this collection all examine how criminal justice is unmoored from the state, while also attending to the struggles and challenges that emerge when criminal justice is used as a form of international action. International Practices of Criminal Justice: Social and Legal Perspectives breaks new ground in criminology, international legal studies and the sociology of law, and will be of interest to students, scholars, and practitioners across a wide array of fields in criminal justice, international law, and international governance.



The Routledge Handbook of International Crime and Justice Studies

The Routledge Handbook of International Crime and Justice Studies Author Bruce Arrigo
ISBN-10 9781136868504
Release 2013-08-15
Pages 688
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This book presents the enduring debates and emerging challenges in crime and justice studies from an international and multi-disciplinary perspective.



Stories of Transformative Justice

Stories of Transformative Justice Author Ruth Morris
ISBN-10 1551301741
Release 2000-01-01
Pages 261
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Years of working in the area of penal abolition have developed Ruth Morris's thinking on justice issues. In 'Stories of Transformative Justice', she outlines why the current adversarial system of justice fails victims, offenders, their families, and ultimately society in general. Citing stories from Canada, the United States, New Zealand, Australia, and Aboriginal communities around the world, Morris shows there is another path that can transform misery victimisation and punishment into new opportunities for healing and understanding. An inspiring work which proves that 'turning the other cheek' holds the power of transformation.



International Criminal Justice at the Yugoslav Tribunal

International Criminal Justice at the Yugoslav Tribunal Author Mohamed Shahabuddeen
ISBN-10 9780199670826
Release 2012-11-01
Pages 247
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Bringing together Judge Shahabuddeen's thoughts on the Tribunal on which he served for many years, this book provides an insider's account of the development of international criminal law at the International Criminal Tribunal for the former Yugoslavia. Judge Shahabuddeen, a respected figure in international law, also assesses its legacy.



Smart Decarceration

Smart Decarceration Author Matthew Epperson
ISBN-10 9780190653095
Release 2017
Pages 304
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Smart Decarceration is a forward-thinking, practical volume that provides innovative concepts and concrete strategies for ushering in an era of decarceration -- a proactive and effective undoing of the era of mass incarceration. The text grapples with tough questions and takes up the challenge of transforming America's approach to criminal justice in the 21st century. This timely work consists of chapters written from multiple perspectives and disciplines including advocates, researchers, academics, practitioners, and persons with incarceration histories who are now leaders in the movement. The primary purpose of this book is to inform both academic and public understanding -- to place the challenge of smart decarceration at the center of the current national discourse, taking into account the realities of the current sociopolitical context -- and to propose beginning action steps. This is achieved by first outlining and addressing questions such as: What if incarceration were not an option for most?; Whose voices are essential in this era of decarceration?; What is the state of evidence for solutions?; How do we generate and adopt empirically driven reforms?; How do we redefine and rethink justice in the United States? Smart Decarceration offers a way forward in building a field for decarceration through provocative but reasoned challenges to existing approaches to criminal justice reforms, lively focus on potential solutions, and action steps for reform.



Criminal Justice at the Crossroads

Criminal Justice at the Crossroads Author William R. Kelly
ISBN-10 9780231539227
Release 2015-05-05
Pages 432
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Over the past forty years, the criminal justice system in the United States has engaged in a very expensive policy failure, attempting to punish its way to public safety, with dismal results. So-called "tough on crime" policies have not only failed to effectively reduce crime, recidivism, and victimization but also created an incredibly inefficient system that routinely fails the public, taxpayers, crime victims, criminal offenders, their families, and their communities. Strategies that focus on behavior change are much more productive and cost effective for reducing crime than punishment, and in this book, William R. Kelly discusses the policy, process, and funding innovations and priorities that the United States needs to effectively reduce crime, recidivism, victimization, and cost. He recommends proactive, evidence-based interventions to address criminogenic behavior; collaborative decision making from a variety of professions and disciplines; and a focus on innovative alternatives to incarceration, such as problem-solving courts and probation. Students, professionals, and policy makers alike will find in this comprehensive text a bracing discussion of how our criminal justice system became broken and the best strategies by which to fix it.



Exploring the Boundaries of International Criminal Justice

Exploring the Boundaries of International Criminal Justice Author Professor Mark Findlay
ISBN-10 9781409497578
Release 2013-02-28
Pages 296
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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.



Exploring the Boundaries of International Criminal Justice

Exploring the Boundaries of International Criminal Justice Author Mark Findlay
ISBN-10 9781317137177
Release 2016-04-15
Pages 296
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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.



Universal Jurisdiction in International Criminal Law

Universal Jurisdiction in International Criminal Law Author Aisling O'Sullivan
ISBN-10 9781317301219
Release 2017-02-03
Pages 222
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With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.



The Transformation of Occupied Territory in International Law

The Transformation of Occupied Territory in International Law Author Andrea Carcano
ISBN-10 9789004227880
Release 2015-08-14
Pages 570
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Building on a broad historical foundation, this study offers a comprehensive treatment of the international law issues that have arisen in connection with, and as a result of, the ‘transformative’ occupation of Iraq and of their significance for the development of international law.



Justice in a Time of War

Justice in a Time of War Author Pierre Hazan
ISBN-10 1585443778
Release 2004
Pages 248
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Can we achieve justice during war? Should law substitute for realpolitik? Can an international court act against the global community that created it? "Justice in a Time of War" is a translation from the French of the first complete, behind-the-scenes story of the International Criminal Tribunal for the Former Yugoslavia, from its proposal by Balkan journalist Mirko Klarin through recent developments in the trial of Slobodan Miloševic. It is also a meditation on the conflicting intersection of law and politics in achieving justice and peace. With insider interviews filling out every scene, Hazan tells a chaotic story of war that raged while the Western powers cobbled together a tribunal in order to avoid actual intervention. The international lawyers and judges for this rump world court started with nothing-but they ultimately established the tribunal as an unavoidable actor in the Balkans. The West had created the Tribunal in 1993, hoping to threaten international criminals with indictment and thereby force an untenable peace. In 1999, the Tribunal suddenly became useful to NATO countries as a means by which to criminalize Miloševic's regime and to justify military intervention in Kosovo and in Serbia. Ultimately, this hastened the end of Miloševic's rule and led the way to history's first war crimes trial of a former president by an international tribunal. Hazan's account of the Tribunal's formation and evolution questions the contradictory policies of the Western powers and illuminates a cautionary tale for the reader: realizing ideals in a world enamored of realpolitik is a difficult and often haphazard activity.