Download Beyond Punishment: Achieving International Criminal Justice by M. Findlay, R. Henham PDF

By M. Findlay, R. Henham

Overseas legal justice is challenged to higher mirror valid sufferer curiosity. This publication provides a framework for achieving synthesis between restorative and retributive dimensions inside of foreign felony trials so one can in attaining the peace-making aspirations of the foreign felony courtroom.

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Extra resources for Beyond Punishment: Achieving International Criminal Justice

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The book presents the practical building blocks for a new international trial at the heart of ICJ and global governance. Notes 1. Rome Statute of the International Criminal Court, 37 ILM 1002 (1998). 2. Article 25:1, Rome Statute for the International Criminal Court (the Rome Statute). This is the empowering legislation for the International Criminal Court (ICC) settled by the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (17 July 1998). 3.

In this way accountability moves beyond its conventional role of ensuring the principled enforcement of penal norms by enabling rights to become something which is more socially responsive, acting as a regulator of social justice whose purpose is to ensure that the pluralistic demands of transitional justice in post-conflict societies are met through sensitive interpretation and dialogue. Chapter 7 Justice as decision-making: the principal pathways of influence This chapter argues that the mobilisation of judicial discretion for the purposes of transforming ICJ will depend on a cooperative project to reposition the international criminal trial and reflect a more restorative and inclusive influence.

Furthermore, in advancing our governance vision for ICJ, we defend it against those who foresee an emasculated role for international trial justice (Damaska, 2008). In particular, we stress how transformed trial justice will contribute to a more meaningful form of collective accountability in postconflict and transitional states through its enhanced legitimacy. Since the foundations for greater legitimacy will be established from the outset, this will help to avoid confrontation and the kind of procedural breakdown which 30 Beyond Punishment has recently faced the ICC in dealing with the situation in Sudan and in the Democratic Republic of the Congo.

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