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BL
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| Record Number
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888248
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| Main Entry
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Roberti di Sarsina, Jacopo,1984-
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| Title & Author
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Transitional justice and a state's response to mass atrocity : : reassessing the obligations to investigate and prosecute /\ Jacopo Roberti di Sarsina ; [Forewords by William Schabas and Augusto Antonio Barbera]
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| Publication Statement
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The Hague, The Netherlands :: T.M.C. Asser Press ;Berlin ;Springer,, [2019]
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, ©2019
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| Page. NO
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1 online resource
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| ISBN
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9462652767
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: 9462652775
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: 9789462652767
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: 9789462652774
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9462652759
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9789462652750
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| Contents
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Intro; Foreword by William Schabas; Foreword by Augusto Antonio Barbera; Acknowledgements; Contents; About the Author; Abbreviations; List of Figures; List of Cases; List of Treaties, Peace Agreements, and National Legislation; 1 Introduction; References; 2 The Content of the Obligations to Investigate and Prosecute International Humanitarian Law Violations-The 1949 Geneva Conventions and the Additional Protocols; Abstract; 2.1 The "Respect and Ensure Respect" Provision; 2.1.1 The Purpose of Common Article 1; 2.1.2 A Dynamic Interpretation? Between Internal and External Compliance Dimensions
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2.1.3 The Travaux Préparatoires2.1.4 The ICRC Commentaries; 2.1.5 The Interpretation of the "Respect" Provision in Light of Other International Treaties; 2.1.6 The Interpretation of the "Ensure Respect" Provision in Light of Other International Treaties and State Practice; 2.1.7 The Interpretation of the "In All Circumstances" Term; 2.2 The Obligations to Investigate and Prosecute; 2.2.1 The Obligation to Criminalize; 2.2.2 The Obligation to Search; 2.2.3 The Obligation to Bring Those Responsible Before Domestic Courts; 2.2.4 The Question of Amnesty; 2.2.5 The Obligation to Extradite
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2.2.6 The Obligation to "Suppress" "Other" Serious Violations2.2.7 Other Residuary Mechanisms to Ensure Compliance; 2.2.8 The Nature of the Obligations to Investigate and Prosecute; References; 3 The Content of the Obligations to Investigate and Prosecute International Human Rights Law Violations; Abstract; 3.1 Crimes Defined in International Human Rights Conventions as Explicitly Requiring Investigation and Prosecution; 3.1.1 The Genocide Convention; 3.1.2 The Torture Convention; 3.1.3 The Enforced Disappearance Convention; 3.1.4 Comparative Analysis
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3.2 Investigating and Prosecuting Under Comprehensive Universal and Regional Human Rights Conventions3.2.1 Investigating and Prosecuting Under the International Covenant on Civil and Political Rights; 3.2.1.1 The Obligations to Investigate and Prosecute; 3.2.1.2 Different Rationales Behind the Obligations to Investigate and Prosecute; 3.2.2 Investigating and Prosecuting Under the European Convention on Human Rights; 3.2.2.1 The Obligations to Investigate and Prosecute; 3.2.2.2 Different Rationales Behind the Obligations to Investigate and Prosecute
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3.2.3 Investigating and Prosecuting Under the American Convention on Human Rights3.2.3.1 The Obligations to Investigate and Prosecute; 3.2.3.2 Different Rationales Behind the Obligations to Investigate and Prosecute; 3.2.4 Investigating and Prosecuting Under Customary International Law-Crimes Against Humanity; 3.2.4.1 Treaty Provisions as the Basis of a Customary Norm; 3.2.4.2 Crimes Against Humanity; 3.2.4.3 The Jus Cogens Nature of Crimes Against Humanity, Genocide, and War Crimes; References
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| Abstract
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This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights law 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.
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| Subject
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Civil rights.
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Transitional justice.
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Civil rights.
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Justice.
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POLITICAL SCIENCE-- Political Freedom Security-- Civil Rights.
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POLITICAL SCIENCE-- Political Freedom Security-- Human Rights.
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| Dewey Classification
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323
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| LC Classification
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JC571.R63 2019
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| Added Entry
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Barbera, Augusto
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Schabas, William,1950-
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