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Book
xiii, 757 pages ; 25 cm.
  • Introduction / John Norton Moore
  • Jurisdiction and control on the high seas adjoining territorial waters / Philip C. Jessup
  • The hydrogen bomb tests and the international law of the sea / Myres S. McDougal
  • The Geneva Conference on the Law of the Sea : what was accomplished / Arthur H. Dean
  • U.S. oceans policy : the Truman proclamations / Ann L. Hollick
  • The regime of straits and the third United Nations Conference on the Law of the Sea / John Norton Moore
  • Power, mobility and the law of the sea / Elliot L. Richardson
  • A geographical primer to maritime boundary-making / Robert W. Smith
  • The regime of warships under the United Nations Convention on the Law of the Sea / Bernard H. Oxman
  • The marine environment and the 1982 United Nations Convention on the Law of the Sea / Jonathan I. Charney
  • Strengthening the law of the sea : the new agreement on straddling fish stocks and highly migratory fish stocks / David A. Bolton
  • Straight baselines : the need for a universally applied norm / J. Ashley Roach and Robert W. Smith
  • The territorial temptation : a siren song at sea / Bernard H. Oxman
  • The enjoyment and acquisition of resources in outer space / Myres S. McDougal, Harold D. Lasswell, Ivan A. Vlasic, and Joseph C. Smith
  • Arms control-outer space / Norman A. Wulf
  • Outer space law / Robert A. Ramey
  • The antarctic settlement of 1959 / Robert D. Hayton
  • New stresses on the antarctic treaty : toward international legal institutions governing atarctic resources / Steven J. Burton
  • Recommended measures under the antarctic treaty : hardening compliance with soft international law / Christopher C. Joyner.
Law Library (Crown)
Book
xxiii, 195 pages ; 25 cm.
  • Introduction
  • Untangling victims of war crimes from lawful casualties of war
  • Fighting and war crimes involving prohibited means and methods of warfare
  • War crimes and persons hors de combat
  • Members of non-opposing forces as victims of war crimes
  • Child soldiers
  • Peacekeepers
  • Crimes against humanity, genocide and fighting
  • Conclusion.
The act of fighting or being a fighter has certain consequences in international law. The most obvious example can be found in international humanitarian law, where a distinction is drawn between fighters and civilians, with fighters being military objectives and civilians being protected from attack. Another example is from international human rights law, where it has been held that the particular characteristics of military life have to be taken into account when interpreting the human rights of members of state armed forces. This volume focuses on the field of international criminal law and asks the question: what relevance does fighting have to victimhood in international criminal law? Among the topics which are explored are: how have international criminal courts and tribunals untangled lawful casualties of war from victims of war crimes? How have they determined who is a member of an organised armed group and who is not? What crimes can those who fight be victims of during hostilities? When does it become relevant in international criminal law that an alleged victim of a crime was a person hors de combat rather than a civilian? Can war crimes be committed against members of non-opposing forces? Can persons hors de combat be victims of crimes against humanity and genocide? What special considerations surround peacekeepers and child soldiers as victims of international crimes? The author carries out an in-depth exploration of case law from international criminal courts and tribunals to assess how they have dealt with these questions. She concludes that the import of fighting upon victimhood in the context of international criminal law has not always been appreciated to the extent it should have been.
(source: Nielsen Book Data)9781138669062 20171218
Law Library (Crown)
Book
xi, 258 pages ; 25 cm.
The Historical Foundations of Grotius' Analysis of Delict' explores the origins of a generalised model of liability for wrongdoing in the history of European private law. Using Grotius as its focal point, it analyses the extent to which earlier civilian and theological doctrine shaped his views. It divides Grotius' approach into three elements - the infringement of a right, fault, and remediation - and traces the development of parallel concepts in earlier traditions. It argues that Grotius was influenced by the writings of Thomists to a far greater extent than has previously been acknowledged, virtually eclipsing any sign of civilian influence except where Romanist learning had already been incorporated into theological doctrine.
Law Library (Crown)
Book
xv, 154 pages ; 24 cm.
"The exposition of international law as a belief system is meant to serve critique and should be read as an invitation to international lawyers to temporarily suspend their belief system and unlearn some of their knowledge and sensibilities about the fundamental doctrines that they have been trained to reproduce and respond to. Exposing and suspending the international belief system constitutes the ambition of the discussion that follows"-- Provided by publisher.
Law Library (Crown)
Book
x, 244 pages ; 22 cm.
Law Library (Crown)
Book
viii, 241 pages ; 25 cm
In August 2015, international legal scholars and expert practitioners from Denmark, Finland, Iceland, Norway, and Sweden gathered to discuss contemporary issues of international law from a Nordic perspective: Do the "shared Nordic values" extend to embrace a common perspective on international law and policy beyond the Nordic region? And do international legal scholars in the Nordic countries share a professional outlook enabling us to speak of a distinct "Nordic approach to international law"? This book contains a selection of the conference papers, which all address aspects of Nordic approaches to international law - varying significantly in terms of subject area, methodology and style. The book is relevant to international legal scholars in the Nordic countries and beyond.
Law Library (Crown)
Book
vii, 288 pages ; 25 cm.
  • Occupation: a conceptual analysis
  • Current challenges to the law of occupation
  • The flexibility in the law of occupation itself
  • International human rights law as a 'gap-filler'
  • The United Nations Security Council as a 'modulator' of the law of occupation.
In 'Revisiting the Law of Occupation', Hanne Cuyckens assesses the crucial challenges faced by the law of occupation. Through examples such as the occupation of the Palestinian Territories and the 2003 occupation of Iraq, the author convincingly demonstrates that although the law of occupation may no longer be perceived as adequate to address contemporary forms of occupation, a formal modification of the law is neither desirable nor feasible. The author identifies means by which the potential dichotomy between the law and the facts can be addressed: 1) flexible interpretation of the law itself; 2) the role of International Human Rights law as gap-filler; and 3) the role of the UNSC as a modulator of the law.
Law Library (Crown)
Book
xvii, 281 pages ; 25 cm.
Hoover Library
Book
xxix, 370 pages ; 25 cm.
  • Setting the scene
  • International organizations' human rights obligations
  • Right of access to justice
  • International dispute settlement mechanisms
  • National jurisdictions and the immunities of international organizations
  • General conclusions and normative proposals.
This groundbreaking book offers a compelling articulation of the right of access to justice for individuals facing human rights violations by international organizations. Following an examination of the human rights obligations of a variety of international organizations, the author scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. Highlighting recent examples, such as the cholera outbreak in Haiti, this book reveals how individual victims of human rights violations by international organizations are frequently left in the cold, due to the lack of an independent, impartial dispute settlement mechanism before which they can file such claims. Considering both global mechanisms and current mechanisms established by international organizations such as administrative jurisdictions for employment-related disputes, Pierre Schmitt finds that they either are not competent or that they have a limited scope. He concludes by offering normative proposals addressed both to international organizations and to national judges confronted with such cases. Offering a wealth of empirical and practical wisdom, this book will appeal to scholars in public international law and human rights. It is also a must-read for practitioners, judges and legal advisers working in the field and will prove a useful tool for national authorities negotiating immunity conventions with international organizations.
(source: Nielsen Book Data)9781786432889 20171009
Law Library (Crown)
Book
xvi, 188 pages ; 24 cm
  • Principles of jurisdiction
  • Principles of jurisdictional restraint
  • Australia and extraterritorial jurisdiction
  • India and extraterritorial jurisdiction
  • The United States and extraterritorial jurisdiction.
Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the abuse of rights doctrine. Utilising a comparative approach, this book explores principles of jurisdiction, first under international law, and then in a comparative constitutional law context. Specifically, Danielle Ireland-Piper explores the ways in which domestic constitutional courts in Australia, India and the United States adjudicate extraterritorial criminal jurisdictions. Groundbreaking sections explore the abuse of rights doctrine in a common law context and the relationship between individual rights and the assertion of extraterritorial jurisdiction. While this is a research monograph that will likely interest legal scholars and researchers in international relations and political science, it will also appeal to government policy-makers and judicial decision-makers, particularly given the increased reliance by governments on extraterritorial regulation of transnational crime.
(source: Nielsen Book Data)9781786431776 20170502
Law Library (Crown)
Book
xii, 352 pages ; 25 cm.
  • New imperialism : imperium, dominium and responsibility under international law
  • Dominium
  • Imperium
  • Territorium et titulus
  • British Nigeria
  • French Equatorial Africa
  • German Cameroon
  • Ex facto ius oritur?
  • A reflection on the nature of international law : redressing the illegality of Africa's colonization.
Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the 'Scramble for Africa' during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.
(source: Nielsen Book Data)9789004319134 20170130
Law Library (Crown)
Book
255 pages : illustrations ; 24 cm
SAL3 (off-campus storage)
Book
502 pages ; 20 cm.
  • Considérations générales -- Présentation du sous-système Africain -- Antécédents lointains et immédiats du sous système africain -- Les acteurs principaux du sous-système africain -- Théories générales des frontières -- Les théories des frontières -- Contenu sémantique des frontières -- Principe d'intangibilité des frontières héritées de la colonisation -- Analyse critique de l'Application du Principe d'intangibilité des Frontières en Afrique -- Intangibilité des frontières : de l'organisation de l'unité africaine à l'union africaine -- Intangibilité des frontières dans l'organisation de l'unité africaine -- Intangibilité des frontières dans l'union africaine -- Intangibilité des frontières de l'organisation de l'unité africaine à l'union africaine -- Application du principe d'intangibilité des frontières au regard de quelques cas pratiques -- Conflit frontalier Libye-Tchad de 1973-1993 -- Conflit frontalier entre le Cameroun et le Nigeria de 1994 à 2008 -- Conflit frontalier Maroc-Sahara occidental -- Conflit maritime entre la Libye et la Tunisie -- Conflit maritime entre la côte d'ivoire et le Ghana -- Perspectives d'avenir : les frontières africaines au service de l'intégration continentale.
"Depuis les indépendances, un nombre non négligeable d'États africains sont confrontés à la problématique de la remise en cause des acquis démocratiques par des coups d'États militaires tel que ce fut le cas, une fois de plus, en Mauritanie et en Guinée, respectivement en août et décembre 2008. Ainsi les mois qui suivent sont marqués par une crise politique sur fond de guerre larvée dans chaque pays sous le regard de la communauté internationale qui y porte une attention particulière. D'autant plus qu'ils font partie, pour la Mauritanie, de la zone sahélo-saharienne, et pour la Guinée, de la sous-région ouest-africaine, deux espaces géographiques en proie à l'instabilité et au terrorisme. Ainsi, conformément aux dispositions prévues par le droit international sur la question du droit d'ingérence "humanitaire", la communauté internationale s'implique afin de conduire rapidement au processus de sortie de crise dans chaque pays. Le présent ouvrage investit de ce fait les contours de cet interventionnisme étranger, tout en mettant en lumière les facteurs déclencheurs sous-jacents de ces deux crises politiques, en y examinant les principes et enjeux fondamentaux régissant cette ingérence. Une dynamique qui, dans sa globalité, permet d'apprécier les postures contrastées adoptées par les acteurs étrangers face à chaque putschiste."--Page 4 of cover.
SAL3 (off-campus storage)
Book
clxxxix, 1484 pages ; 25 cm.
  • Preface
  • Arctic policy
  • Arctic cooperation
  • Maritime zones : law of the sea related legislation of the Arctic coastal states
  • Delimitation agreements
  • National submissions to the commission on the limits of the continental shelf concerning Arctic territorial claims and recommendations
  • Arctic shipping
  • Arctic fisheries
  • Protection of the Arctic environment
  • Protection of Arctic indigenous peoples
  • Arctic disputes.
The Arctic is an increasingly important region faced with major challenges caused not only by the effects of climate change, but also by a growing interest in its living and non-living resources, its attraction as a new destination for tourism, and as a route for navigation. It is not only the eight Arctic States that have paid an increased level of attention to the region; several non-Arctic actors from Asia and Europe also seek to gain more influence in the High North. At the same time, the evolving law and policy architecture for the Arctic region has recently played a more prominent role in the political and academic debate. Unlike Antarctica, where the coherent Antarctic Treaty System governs international cooperation, the legal regime of Arctic affairs is based on public international law, domestic law, and `soft law'. These three pillars intersect and interact making Arctic governance multi-faceted and highly complex. This book provides an analytical introduction, a chronology of legally relevant events, and a selection of essential materials covering a wide range of issues-eg delineation and delimitation of maritime boundaries, environmental protection, indigenous peoples' rights, shipping, and fisheries. Included are multilateral and bilateral treaties, UN documents, official statements, informal instruments, domestic laws, and diplomatic correspondence.
(source: Nielsen Book Data)9781509915767 20171211
Law Library (Crown)
Book
xi, 226 pages : illustrations ; 23 cm
  • Part 1. The Versailles Peace Agreement, Paris (1919)
  • Part 2. The Dayton Peace Agreement, Yugoslavia (1995)
  • Part 3. The Sudan Peace Agreement (2005)
  • Part 4. The absence of peace agreements
  • Part 5. Roundtable debate : mediation versus adjudication, Peace Palace, 16 September 2014.
This unique volume looks at international peace treaties, at their results, effects and failures. It reflects the outcome of an international conference held in the Peace Palace (The Hague) on the occasion of the Centenary of this institution, which opened its doors on the eve of World War I. The volume offers the reflections of the leading experts attending the conference and the open debate which followed. The Treaty of Versailles of 1919, the mother of all peace treaties, is the first to be critically discussed. How should this treaty be viewed with the knowledge of today? What are the lessons learned in the light of historic developments? Subsequently, the Dayton Agreement, which sealed the end to the bloody conflict in the former Yougoslavia (1992-1995), and the Sudan Agreement, which came into being after lengthy negotiations in 2005, are analysed in the same way. Finally, the situations which arose in relation to the devastating wars between Iran and Iraq (1980-1988) and between Kuwait and Iraq are discussed. As these states could not reach a settlement themselves, the United Nations Security Council imposed the terms of the ceasefire and peaceful cooperation in important and innovative resolutions. The book offers additional perspective by looking at the role of judicial settlement by the International Court of Justice or the Permanent Court of Arbitration, vis-a-vis the instrument of political mediation between states with the help of a third party. Mediation can be very effective, but certain conditions are required for it to be successful, conditions which are not easy to bring about in today's world. Dispute settlement under international law is and continues to be the core business in the Peace Palace.
(source: Nielsen Book Data)9789004321236 20170424
Law Library (Crown)
Book
vi, 217 pages ; 24 cm.
  • Introduction: Francisco de Vitoria and the origins of the modern global order / Anthony Pagden
  • From the "Imago Dei" to the "Bon Sauvage" : Francisco de Vitoria and the natural law school / Franco Todescan
  • The sovereignty of law in the works of Francisco de Vitoria / Simona Langella
  • Vitoria, the common good and the limits of political power / André Azevedo Alves
  • The problem of Eurocentrisim in the thought of Fracisco de Vitoria / Andrew Fitzmaurice
  • On the Spanish founding father of modern international law : Camilo Barcia Trelles (1888-1977) / Yolanda Gamarra
  • Francisco de Vitoria on the "just war" : brief notes and remarks / Mauro Mantovani
  • Prevention and intervention in Francisco de Vitoria's theory of the just war / Francisco Castilla Urbano
  • Francisco de Vitoria on self-defence, killing innocents and the limits of "double effect" / Jörge Alejandro Tellkamp
  • Francisco de Vitoria and the postmodern grand critique of international law / Pablo Zapatero Miguel
  • Francisco de Vitoria and the nomos of the code : the digital commons and natural law, digital communication as a human right, just cyber-warfare / Johannes Thumfart.
This book is based on an international project conducted by the Institute for European Studies of the University CEU San Pablo in Madrid and a seminar on Vitoria and International Law which took place on July 2nd 2015 in the convent of San Esteban, the place where Vitoria spent his most productive years as Chair of Theology at the University of Salamanca. It argues that Vitoria not only lived at a time bridging the Middle Ages and Modernity, but also that his thoughts went beyond the times he lived in, giving us inspiration for meeting current challenges that could also be described as "modern" or even post-modern.There has been renewed interest in Francisco de Vitoria in the last few years, and he is now at the centre of a debate on such central international topics as political modernity, colonialism, the discovery of the "Other" and the legitimation of military interventions. All these subjects include Vitoria's contributions to the formation of the idea of modernity and modern international law.The book explores two concepts of modernity: one referring to the post-medieval ages and the other to our times. It discusses the connections between the challenges that the New World posed for XVIth century thinkers and those that we are currently facing, for example those related to the cyberworld. It also addresses the idea of international law and the legitimation of the use of force, two concepts that are at the core of Vitoria's texts, in the context of "modern" problems related to a multipolar world and the war against terrorism. This is not a historical book on Vitoria, but a very current one that argues the value of Vitoria's reflections for contemporary issues of international law.
(source: Nielsen Book Data)9783319629971 20171218
Law Library (Crown)
Book
xxviii, 436 pages : illustrations ; 25 cm
  • Introduction
  • Speech and atrocity : an historical sketch
  • International human rights law and domestic law
  • The birth of atrocity speech law part 1 : Nuremberg and the foundational statutes
  • The birth of atrocity speech law part 2 : the foundational ad hoc tribunal cases and offense elements
  • Problems regarding the crime of direct and public incitement to commit genocide
  • Problems regarding persecution, instigation, and ordering
  • The absence of criminal prohibitions regarding hate speech and war crimes
  • Fixing incitement to genocide
  • Fixing persecution, instigation, and ordering
  • Adopting incitement to commit war crimes
  • Restructuring : a unified liability theory for atrocity speech law
  • Conclusion.
The law governing the relationship between speech and core international crimes - a key component in atrocity prevention - is broken. Incitement to genocide has not been adequately defined. The law on hate speech as persecution is split between the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Instigation is confused with incitement and orderings scope is too circumscribed. At the same time, each of these modalities does not function properly in relation to the others, yielding a misshapen body of law riddled with gaps. Existing scholarship has suggested discrete fixes to individual parts, but no work has stepped back and considered holistic solutions. This book does. To understand how the law became so fragmented, it returns to its roots to explain how it was formulated. From there, it proposes a set of nostrums to deal with the individual deficiencies. Its analysis then culminates in a more comprehensive proposal: a Unified Liability Theory, which would systematically link the core crimes of genocide, crimes against humanity, and war crimes with the four illicit speech modalities. The latter would be placed in one statutory provision criminalizing the following types of speech: (1) incitement (speech seeking but not resulting in atrocity); (2) speech abetting (non-catalytic speech synchronous with atrocity commission); (3) instigation (speech seeking and resulting in atrocity); and (4) ordering (instigation/incitement within a superior-subordinate relationship). Apart from its fragmentation, this body of law lacks a proper name as Incitement Law or International Hate Speech Law, labels often used, fail to capture its breadth or relationship to mass violence. So this book proposes a new and fitting appellation: atrocity speech law.
(source: Nielsen Book Data)9780190612689 20170605
Law Library (Crown)
Book
xx, 461 pages : illustrations ; 25 cm.
  • Introduction: Tracing the bases of an integrated paradigm for maritime security and human rights at sea / Violeta Moreno-Lax and Efthymios Papastavridis
  • Setting the scene : refugees, asylum seekers, and migrants at sea : the need for a long-term, protection-centred vision / Guy S. Goodwin-Gill
  • A maritime security framework for the legal dimensions of irregular migration by sea / Natalie Klein
  • The perfect storm : sovereignty games and the law and politics of boat migration / Thomas Gammeltoft-Hansen
  • Who is the 'boat migrant'? challenging the anonymity of death by border-sea / Tamara Last
  • The migrant smuggling protocol and the need for a multi-faceted approach : inter-sectionality and multi-actor cooperation / Jean-Pierre Gauci and Patricia Mallia
  • Boat migrants as the victims of human trafficking : exploring key obligations through a human-rights based approach / Tom Obokata
  • Transnational crime and the rule of law at sea : responses to maritime migration and piracy compared / Douglas Guilfoyle
  • Interception of migrant boats at sea / Jasmine Coppens
  • The duty to assist persons in distress : an alternative source of protection against the return of migrants and asylum seekers to the high seas? / Lisa-Marie Komp
  • Access to asylum at sea? : non-refoulement and a comprehensive approach to extraterritorial human rights obligations / Mariagiulia Giuffré
  • Responses to "boat migration" : a global perspective--US practices / Niels Frenzen
  • The (un-)sustainability of Australia's offshore processing and settlement policy / Claire Higgins
  • Leave and let die : the EU banopticon approach to migrants at sea / Marie-Laure Basilien-Gainche
  • Into Africa : "boat people" in Sub-Saharan Africa / Cristiano D'Orsi, Sergio Carciotto, and Corey R. Johnson
  • The EU external borders policy and frontex-coordinated operations at sea : who is in charge? : reflections on responsibility for wrongful acts / Maïté Fernandez
  • An examination of the comprehensive plan of action as a response to mass influx of "boat people" : lessons learnt for a comprehensive approach to migration by sea / Meltem Ineli-Ciger
  • Conclusion: Closing remarks: The present and future of 'boat refugees' and migrants at sea / Anja Klug.
This book aims to address 'boat migration' with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of 'migrants at sea' thoroughly.
(source: Nielsen Book Data)9789004300743 20170306
Law Library (Crown)
Book
xxiii, 335 pages ; 25 cm.
The backdrop to Bridging Divides in Transitional Justice is Cambodia's history of radical Communist revolution (1975-1979) under the brutal Khmer Rouge regime, and the culture of impunity and silence imposed on the society by successive national governments for close to three decades. Dialogue on the suppressed past began in 2006 as key figures of the regime were brought before the in situ internationalised criminal court, the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC forms part of the panoply of international criminal courts of the post-Cold War era. The book engages with the dissonance between the expressivism of idealised international criminal trials and their communicative or discursive value within the societies most affected by their operation. An alternative view of the transitional trial is posited as the author elucidates the limits of expressivism and explores the communicative dynamics of ECCC trial procedure which have precipitated unprecedented local debate and reflection on the Khmer Rouge era.The book provides a timely and nuanced analysis of the ECCC's politically contentious and frequently criticised proceedings by examination of the trial dialogue in the Court's first two cases. From transcripts of the proceedings, exchanges between trial participants including witnesses, civil parties and the accused, are examined to show how, at times, the retributive proceedings assumed the character of restorative justice and encompassed significant dialogue on current social issues, such as the victim/perpetrator equation and the nature of ongoing post-traumatic stress disorder flowing from the events that took place under this violent regime The Court's capacity for representative and discursive proceedings is attributed to the substantive inclusion of the voice of the victim in proceedings, a modified inquisitorial trial procedure, narrative testimony and role-sharing between national and international court actors.
(source: Nielsen Book Data)9781780684406 20170626
Green Library
Book
xxiii, 335 pages ; 25 cm.
  • Introduction
  • Trials in transitional justice theory
  • The development of the transitional trial
  • The creation of the Extraordinary Chambers in the Courts of Cambodia
  • Inquisitorial criminal procedure at the ECCC
  • Trial dialogue in case 001
  • The voice of the victim
  • The voice of the court in judgment : case 001.
The backdrop to Bridging Divides in Transitional Justice is Cambodia's history of radical Communist revolution (1975-1979) under the brutal Khmer Rouge regime, and the culture of impunity and silence imposed on the society by successive national governments for close to three decades. Dialogue on the suppressed past began in 2006 as key figures of the regime were brought before the in situ internationalised criminal court, the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC forms part of the panoply of international criminal courts of the post-Cold War era. The book engages with the dissonance between the expressivism of idealised international criminal trials and their communicative or discursive value within the societies most affected by their operation. An alternative view of the transitional trial is posited as the author elucidates the limits of expressivism and explores the communicative dynamics of ECCC trial procedure which have precipitated unprecedented local debate and reflection on the Khmer Rouge era.The book provides a timely and nuanced analysis of the ECCC's politically contentious and frequently criticised proceedings by examination of the trial dialogue in the Court's first two cases. From transcripts of the proceedings, exchanges between trial participants including witnesses, civil parties and the accused, are examined to show how, at times, the retributive proceedings assumed the character of restorative justice and encompassed significant dialogue on current social issues, such as the victim/perpetrator equation and the nature of ongoing post-traumatic stress disorder flowing from the events that took place under this violent regime The Court's capacity for representative and discursive proceedings is attributed to the substantive inclusion of the voice of the victim in proceedings, a modified inquisitorial trial procedure, narrative testimony and role-sharing between national and international court actors.
(source: Nielsen Book Data)9781780684406 20170626
Law Library (Crown)