Coverart for item
The Resource Transitional Justice and a State's Response to Mass Atrocity : Reassessing the Obligations to Investigate and Prosecute, by Jacopo Roberti di Sarsina, (electronic resource)

Transitional Justice and a State's Response to Mass Atrocity : Reassessing the Obligations to Investigate and Prosecute, by Jacopo Roberti di Sarsina, (electronic resource)

Label
Transitional Justice and a State's Response to Mass Atrocity : Reassessing the Obligations to Investigate and Prosecute
Title
Transitional Justice and a State's Response to Mass Atrocity
Title remainder
Reassessing the Obligations to Investigate and Prosecute
Statement of responsibility
by Jacopo Roberti di Sarsina
Creator
Author
Subject
Language
eng
Summary
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.--
Assigning source
Provided by publisher
http://library.link/vocab/creatorName
Roberti di Sarsina, Jacopo
Image bit depth
0
Literary form
non fiction
Nature of contents
dictionaries
Series statement
Springer eBooks.
http://library.link/vocab/subjectName
  • War Crimes
  • Human rights
  • Criminology
Label
Transitional Justice and a State's Response to Mass Atrocity : Reassessing the Obligations to Investigate and Prosecute, by Jacopo Roberti di Sarsina, (electronic resource)
Link
https://eui.idm.oclc.org/login?url=https://doi.org/10.1007/978-94-6265-276-7
Instantiates
Publication
Antecedent source
mixed
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
not applicable
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
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
Control code
978-94-6265-276-7
Dimensions
unknown
Extent
1 online resource (XLII, 248 pages)
File format
multiple file formats
Form of item
  • online
  • electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9789462652767
Level of compression
uncompressed
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
4 illustrations, 2 illustrations in color.
Quality assurance targets
absent
Reformatting quality
access
Specific material designation
remote
System control number
(OCoLC)1090800208
Label
Transitional Justice and a State's Response to Mass Atrocity : Reassessing the Obligations to Investigate and Prosecute, by Jacopo Roberti di Sarsina, (electronic resource)
Link
https://eui.idm.oclc.org/login?url=https://doi.org/10.1007/978-94-6265-276-7
Publication
Antecedent source
mixed
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
not applicable
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
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
Control code
978-94-6265-276-7
Dimensions
unknown
Extent
1 online resource (XLII, 248 pages)
File format
multiple file formats
Form of item
  • online
  • electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9789462652767
Level of compression
uncompressed
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
4 illustrations, 2 illustrations in color.
Quality assurance targets
absent
Reformatting quality
access
Specific material designation
remote
System control number
(OCoLC)1090800208

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