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"The project on 'Criminal Justice and the East German Past' held an international symposium ... from 6 to 9 April 2005 at the Humboldt University in Berlin"--Page v.
After the transition to democracy in 1994, South Africa implemented an innovative scheme at the Truth and Reconciliation Commission, granting perpetrators conditional amnesty. It essentially calls for the prosecution of those who did not receive amnesty for the crimes they committed during the apartheid conflict. This book provides the first comprehensive analysis of prosecutions after the amnesty process. Drawing on interviews with key protagonists and largely unpublished documents, the volume analyses trials and the political background. It scrutinises the issue in the normative framework of national and international human rights law, and addresses whether the prosecutions were adequately carried out. The study thus allows a concluding evaluation of the justice and consistency of South Africa’s internationally acclaimed amnesty process.
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Since the 1990s scholars have focused heavily on the perpetrators of the Holocaust, and have presented a complex and diverse picture of perpetrators. This book provides a unique overview of the current state of research on perpetrators. The overall focus is on the key question that it still disputed: How do ordinary people become mass murderers?
This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.
This book brings together scholars and practitioners for a unique inter-disciplinary exploration of justice and memory within Rwanda. It explores the various strategies the state, civil society, and individuals have employed to come to terms with their past and shape their future. The main objective and focus is to explore broad and varied approaches to post-atrocity memory and justice through the work of those with direct experience with the genocide and its aftermath. This includes many Rwandan authors as well as scholars who have conducted fieldwork in Rwanda. By exploring the concepts of how justice and memory are understood the editors have compiled a book that combines disciplines, voices, and unique insights that are not generally found elsewhere. Including academics and practitioners of law, photographers, poets, members of Rwandan civil society, and Rwandan youth this book will appeal to scholars and students of political science, legal studies, French and francophone studies, African studies, genocide and post-conflict studies, development and healthcare, social work, education and library services.
This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).
Originally presented as the author's thesis (doctoral)--Humboldt University of Berlin, 2009.
Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.
This book compares female administrators who specifically chose to serve the Nazi cause in voluntary roles with those who took on such work as a progression of established careers. Under the Nazi regime, secretaries, SS-Helferinnen (female auxiliaries for the SS) and Nachrichtenhelferinnen des Heeres (female auxiliaries for the army) held similar jobs: taking dictation, answering telephones, sending telegrams. Yet their backgrounds and degree of commitment to Nazi ideology differed markedly. The author explores their motivations and what they knew about the true nature of their work. These women had access to information about the administration of the Holocaust and are a relatively untapped resource. Their recollections shed light on the lives, love lives, and work of their superiors, and the tasks that contributed to the displacement, deportation and death of millions. The question of how gender intersected with Nazism, repression, atrocity and genocide forms the conceptual thread of this book.