International Criminal Law, Transnational Criminal Organizations and Transitional Justice.
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Details
Author
Title
International Criminal Law, Transnational Criminal Organizations and Transitional Justice.
Imprint
Leiden, Boston: Brill | Nijhoff, 2018.
Description
1 online resource
Series
International Law E-Books Online, Collection 2018, ISBN ; 9789004353329.
Formatted Contents Note
Foundations of International Criminal Law
Definition, Protected Values and Goals of International Criminal Law
Historical Evolution of International Criminal Law
Normative Hierarchy of the Norms Prohibiting International Crimes
The Scope of Criminal Proceedings for International Crimes Since the End of the Cold War
The Scope of Criminal Proceedings in International and Hybrid Criminal Tribunals
The Scope of Criminal Proceedings for International Crimes in National Jurisdictions
International Criminal Law and Transnational Criminal Organizations
How Do Transnational Criminal Organizations Operate?
Is International Criminal Law an Appropriate Mechanism to Deal with Transnational Criminal Organizations?
International Criminal Law and Transitional Justice
Definition and Scope of Transitional Justice: Should It be Applied to Situations of Large Scale Violence by Transnational Criminal Organizations? Special Attention to the Situation in Mexico
The Tension between Criminal Proceedings for International Crimes and Truth Commissions as Central Elements of a Liberal Approach to Transitional Justice
From a Social-Democratic Approach to Transitional Justice to the Contributions of Critical Theories
From the 1984 Naval Club Agreement in Uruguay to the 2016 Colon Theatre Peace Agreement in Colombia
How should the Normative Dilemma Posed by the Overlapping Scopes of Application of International Criminal Law and Transitional Justice be Addressed?.
Definition, Protected Values and Goals of International Criminal Law
Historical Evolution of International Criminal Law
Normative Hierarchy of the Norms Prohibiting International Crimes
The Scope of Criminal Proceedings for International Crimes Since the End of the Cold War
The Scope of Criminal Proceedings in International and Hybrid Criminal Tribunals
The Scope of Criminal Proceedings for International Crimes in National Jurisdictions
International Criminal Law and Transnational Criminal Organizations
How Do Transnational Criminal Organizations Operate?
Is International Criminal Law an Appropriate Mechanism to Deal with Transnational Criminal Organizations?
International Criminal Law and Transitional Justice
Definition and Scope of Transitional Justice: Should It be Applied to Situations of Large Scale Violence by Transnational Criminal Organizations? Special Attention to the Situation in Mexico
The Tension between Criminal Proceedings for International Crimes and Truth Commissions as Central Elements of a Liberal Approach to Transitional Justice
From a Social-Democratic Approach to Transitional Justice to the Contributions of Critical Theories
From the 1984 Naval Club Agreement in Uruguay to the 2016 Colon Theatre Peace Agreement in Colombia
How should the Normative Dilemma Posed by the Overlapping Scopes of Application of International Criminal Law and Transitional Justice be Addressed?.
Summary
Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.
Location
www
Available in Other Form
Print version: International Criminal Law, Transnational Criminal Organizations and Transitional Justice Leiden, Boston : Brill | Nijhoff, 2018,
Linked Resources
Alternate Title
Brill International Law E-Books Online Collection
Language
English
ISBN
9789004341005 (electronic book)
9789004340992 (print)
9789004340992 (print)
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