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Research Handbook on the Punishment of Atrocity Crimes

Research Handbook on the Punishment of Atrocity Crimes

  • Author:
  • Publisher: Edward Elgar Publishing
  • ISBN: 9781035312900
  • Published In: November 2024
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 2,769.00

HKD 2,685.93 Save HKD 83.07 (3%)

Delivery Time: around 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
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Hong Kong: free delivery (order over HKD 1000)
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  • Description 
  • Contents 

Details

This Research Handbook examines the punishment of atrocity crime and presents a wide-ranging critique of post-conviction law, policy and practice. With a team of expert contributing authors, Róisín Mulgrew and Mikkel Jarle Christensen provide insights into the impact and implications of punishment models, strategies and frameworks.

Taking a multidisciplinary approach, chapters analyse the work of international criminal courts and tribunals, as well as domestic criminal, military and traditional justice systems. Authors utilise a wide range of research methods and tools to bring the impact of different penalties, sentencing policies and sentence enforcement models to light. They also outline the implications of release and post-release strategies for a variety of stakeholders, such as accused persons, courts, states and wider society. Individually and collectively, these contributions add to a growing body of literature on how punishment can prevent and address atrocity crime, while also challenging contemporary assumptions about systems of punishment.

The Research Handbook on the Punishment of Atrocity Crimes is an essential read for academics, researchers and students in criminal law and justice, public international law and human rights. It is also an indispensable resource for lawyers, judges, policy-makers and practitioners working in the field of atrocity crime.

Introduction: researching the punishment of atrocity crimes
1.
Roisin Mulgrew and Mikkel Jarle Christensen

PART I. PRINCIPLES, PENALTIES AND PUNITIVE REACH
1.
International punishment, expression, and atrocity prevention 15
Geoff Dancy
2.
Life imprisonment and international criminal law 37
Dirk van Zyl Smit
3.
Impunity and atrocity punishment after mass violence and conflict: questioning the admissibility of leniency measures in (post)transition contexts 61
Marion Vironda Dubray
4.
Punishment as experienced by persons tried for international crimes by national courts 87
Damien Scalia and Marie-Sophie Devresse

PART II. SENTENCING
5.
Theories of punishment and the sentencing practice of the International Criminal Court: between lip service and guiding principles 107
Aziz Epik
6.
Sentencing at the ICC: is it time for sentencing guidelines? 123
Roger S Clark and Beti Hohler
7.
'Internationalised' rehabilitation: a general principle emerging from the practice of international criminal courts and tribunals 147
Alice Riccardi
8.
A contested platform?: victims' voices in international sentencing 167
Oriola Oyewole
9.
Punishing atrocity crimes in Bosnia and Herzegovina: an analysis of sentencing jurisprudence 195
Jasenka Ferizovic
10.
Theory and practice of sentencing in German international criminal law 225
Julia Geneuss

PART III. SENTENCE ENFORCEMENT AND POST-RELEASE
11.
The International Criminal Court's evolving practice of enforcing international sentences: breaking new ground or staying the course? 249
Filip Vojta
12.
Punishing atrocity crimes in Chile: history, legislation and practice 271
Daniela Mardones-Bravo
13.
Acquitted, released, and homeless: the crisis of stateless former defendants 293
Kate Gibson and Bonnie Johnston
14.
The 'post-release' phase of atrocity crime cases in the Netherlands 315
Maarten Bolhuis and Joris van Wijk

PART IV. PUNISHING TERRORISM, TRADITIONAL JUSTICE AND COURTS MARTIALS
15.
Securitisation of punishment for atrocity and terrorism crimes in Bosnia and Herzegovina 339
Mizra Buljubasic and Nejra Veljan
16.
Punishment in French terrorism prosecutions: the impact of the trial's protagonists 359
Sharon Weill
17.
Restorative approaches to atrocity crimes? Insights from Liberia 379
Olympia Bekou and Emma Sheffield
18.
Military justice and the punishment of atrocity crimes in Afghanistan and Iraq 399
Nigel D White

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