Do human rights matter in bilateral aid allocation? We view tribunal financing as a form of foreign assistance and place the funding of tribunals within the broader foreign assistance literature to explain the motivations of donor states. The future of war crimes prosecutions in the former Yugoslavia: Accountability or junk justice. Journal of Economic Growth 5 1 : 33- 63. This volume analyzes the transitional justice choices made by four countries: Argentina, Bosnia-Herzegovina BiH , Sierra Leone and East Timor. Theory on where, when, and why civil wars occur has evolved through the development of several distinct schools, each of which grew out of a different behavioral paradigm and each of which focuses on a different core aspect of the puzzle of why ordinary people join together to take up arms against their government. In short, the insightful and comprehensive nature in which Barria and Roper set up this text make it a must read for anyone interested in the debate about how governments address past human rights abuses.
For each country, there is a chapter which provides a historical overview concerning the causes of the conflict and two subsequent chapters which highlight a different method of transitional justice implemented. Ultimately, the lack of funding calls into question the ability of these tribunals to provide justice to victims as well as serve as a mechanism for national reconciliation. Apodaca, Clair , and Michael Stohl. These tribunals are legal institutions embedded within a political environment in which the need for nation-state consensus can undermine their judicial effectiveness and ultimately the quest for justice. Scholarship on tribunals for mass human rights violations overlooks how the presence or absence of conflict influences its effectiveness.
Hook , and Bruce Taylor. This analysis is conducted both from the perspective of Tribunal staff and of 65 victims from Bosnia and Herzegovina BiH. This article examines these tribunals and measures effectiveness by examining not only the number of indictments that have been handed down but the actual number of individuals apprehended. Recommended Citation Kaufman, Zachary D. This article examines how international institutions serve to diffuse human rights norms and create judicial capacity building in post-conflict societies. Como es bien conocido, éstos fueron creados no mediante tratados internacionales sino por resolución del Consejo de Se- guridad de las Naciones Unidas.
Well over 100 major civil wars occurred during this period, resulting in tens of millions of casualties among both civilians and combatants see Lacina and Gleditsch 2005. Given this, how do they achieve their objectives? Witnesses who experienced greater trauma, who were more highly motivated, who believed they contributed to justice, and who were satisfied with their current situation were more positive about testifying. I demonstrate this using a case study of the Rwanda Tribunal. Rather, it aims to offer a more nuanced, exploratory analysis focused on both the Court's limitations and possibilities as a tool of justice and peace. Todas estas disposiciones se dirigen a salvaguardar al individuo contra la arbitrariedad de la autoridad en el ámbito penal. American Journal of Political Science 29 3 : 539- 63. This paper examines the trials in connection to their impact on Bangladesh-Pakistan relations.
Property restitution is viewed as the most successful policy for dealing with the past; it contributes to the positive perception of both justice and truth but it undermines the perception of reconciliation. KeywordsTransnational advocacy—War crimes—International law—International criminal tribunals—Wartime rape. The paper aims to develop an understanding of how and why these destabilizing effects can take place. The findings suggest prioritisation of international over localised knowledge, political over victim interests and stability over judicial independence. In January 2009 the Consultative Group on the Past released its report of recommendations for Northern Ireland to address its legacy of conflict. International criminal justice is on one level a project of hubris and promise, but on another level a project arguably riddled by anxieties. The globalization of capital in East and Southeast Asia: Measuring the impact on human rights standards.
I find significant support for the importance of each of the sentencing rationales. Grant, Richard , and Jan Nijman. The crimes that are prosecuted by these courts are the same, and the structure of the tribunals is also similar indeed, they both share the same appellate court. We investigate why states provide a voluntary contribution to war crimes tribunals despite the fact that these tribunals are located in states that offer few economic and strategic advantages. Social Science Quarterly 84 3 : 650- 66.
International Studies Quarterly 43 1 : 199- 210. Degnbol-Martinussen, John , and Poul Engberg-Pedersen. Independence of Kosovo at region is likely to create another Balkan Crisis. A topical and timely study, this contribution merits particular attention by scholars, activists, and policymakers alike. Dugal The Special Court of Sierra Leone: A Hybrid Court or Poorly Conceived International Court? This global practice reflects the status of victims of international crimes as it was until the emergence of the International Criminal Court. Asian Survey 28 7 : 40- 56.