Rule Of Law Through Human Rights And International Criminal Justice

This project was undertaken not so much as a farewell to the contribution Adama Dieng has selflessly offered to humanity, but mainly as a token of appreciation to his dedication and contribution to the rule of law and human rights, especially in his native continent, Africa. As a high-ranking international civil servant, diplomat, teacher, activist and accomplished jurist, Adama Dieng has inspired, and indeed continues to inspire, a generation of men and women both in Africa and beyond with his unqualified commitment to the advancement of the ideals reflected in the United Nations Charter and the Universal Declaration of Human Rights. Through his work and commitment to the cause of international justice and conflict prevention, he has consistently placed the interests of his fellow men and women, and indeed those of his continent, before his own interests. It is, therefore, in recognition of his efforts that, his fellow jurists, friends and colleagues decided to honour his contribution through a collection of essays on a life dedicated to the advancement of international peace and justice through the rule of law. The contributions gathered here represent, in good measure, the values and beliefs in rule of law and human rights that have characterized Adama’s commitment to work towards a better Africa and a better world.

This book brings together the views of an extraordinary range of well-known authors. It contains essays by: Chief Justice Murray Gleeson, High Court of Australia; Justice Louise Arbour, Supreme Court of Canada; Justice Ruth Bader Ginsburg, Supreme Court of USA; Dr Radhika Coomaraswamy, the UN Special Rapporteur on Violence against Women; and Professors Saunders (Australia), Dyzenhaus (Canada), and Troper (France). The essays cover issues such as: the debate about the meaning and application of the rule of law; the gaps between the theory and practice of the rule of law; relations between governments and people; the tensions between the judiciary and the elected branches of government; international criminal justice; and the position of women in situations of conflict and insurrection. The analyses in the book draw on topical events ranging from the Florida appeal in the election of President Bush to the indictment of Slobodan Milosevic at the War Crimes Tribunal.

The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.

The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.

The rule of law is widely seen as the cornerstone of any effective polity and increasingly a vital component of the international political system. If the international rule of law were to be strengthened, it would greatly contribute to trade, security, human rights and global cooperation in a range of fields. Yet, in many areas the rule of law seems almost absent in international affairs. This book explores the institutions that support the effectiveness of the rule of law domestically. It focuses on the extent to which similar institutions already exist at international level and analyses the possibility of their further development. The authors speculate on how the international rule of law might be advanced in the future, thereby suggesting potential strategies for strengthening the international rule of law. Adopting an interdisciplinary approach and combining the fields of international relations, politics and law, this book covers a range institutions including: UN Security Council International Court of Justice Human rights machinery Regional human rights International Criminal Court World Trade Organization International Tribunal for the Law of the Sea UN Department of Peacekeeping Operations. It will be of strong interest to students and scholars of international relations, international organisations, global governance, international law, migration law, international peace and security law, applied ethics, political economy, political science and sociology.

ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu

Independent legal professionals play a key role in the administration of justice and the protection of human rights. Judges, prosecutors and lawyers need access to information on human rights standards laid down in the main international legal instruments and to related jurisprudence developed by universal and regional monitoring bodies. This publication, which includes a manual and a facilitator's guide, seeks to provide a comprehensive core curriculum on international human rights standards for legal professionals. It includes a CD-ROM containing the full electronic text of the manual in pdf format.

Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.