Chapter 5 A possibly proactive role of the ICC Prosecutor through his prosecutorial discretion

2016 ◽  
Vol 12 (4) ◽  
pp. 240-246 ◽  
Author(s):  
Jessika Valero-González ◽  
Christina Leonhard-Melief ◽  
Erandi Lira-Navarrete ◽  
Gonzalo Jiménez-Osés ◽  
Cristina Hernández-Ruiz ◽  
...  

2019 ◽  
Vol 4 (3) ◽  
pp. 372-403 ◽  
Author(s):  
Thomas Mareite

Abstract Chile’s abolition of slavery (1823) has commonly been framed within a self-congratulatory narrative that emphasizes the philanthropic role of republican elites and the peaceful nature of slave emancipation. The traditional narrative not only views abolition as an ideologically inspired gift from the elites, but also underscores Chile’s exceptionalism vis-à-vis other South American emancipation processes—in Chile, unlike in the rest of the continent, the eradication of slavery was supposedly both politically and socially insignificant. This article challenges two of this narrative’s assumptions: first, that consensus characterized the abolition of slavery in Chile, and second, that abolition was simply a philanthropic concession from the new nation’s republican elites. Instead, this study highlights how officials, slaveholders and enslaved people transformed slavery and its dismantlement into a contested issue. It also explores the proactive role that enslaved people played in undermining the institution of slavery throughout Chile, ultimately leading to its abolition.


Author(s):  
Katalin Ligeti

This chapter focuses on the place of the public prosecutor in common law and civil law jurisdictions. It first describes the institutional positioning of public prosecutors, particularly vis-à-vis the executive power, before discussing their role and powers in regard to the pretrial phase. It then considers the increasing tendency to entrust the public prosecutor with quasi-judicial sanctioning powers in the context of out-of-court procedures (“prosecutorial adjudication”). It also examines the role of specialized law enforcement authorities in the exercise of investigative and prosecutorial functions, coercive measures and the need for judicial authorization, and prosecutorial discretion and alternatives to trial proceedings. Finally, it explains how independence, centralization and decentralization, legality and opportunity of prosecution, and the alternatives to trial proceedings have been translated to the supranational design of the European Public Prosecutor’s Office (EPPO).


Author(s):  
Anne J. Gilliland

Having the necessary documentation to cross borders, claim refugee status or benefits, settle elsewhere or return to sites of origin may literally be a life or death matter for people who have been forcibly displaced by persecution, war, or natural or economic disasters. This paper argues that government and other organizational archives that hold necessary records are not epistemologically or structurally oriented to address the immediate needs of the forcibly displaced and other "non-citizens" who reside in liminal spaces and temporary shelters or who move across multiple jurisdictions or nations and often resort to "irregular" forms and uses of records to survive. For the archival field to play a proactive role in supporting the survival, resettlement and recovery of the forcibly displaced, theoretical, organizational and practical reorientation is required. Such reorientation should be based in transnational and transinstitutional thinking and proactive humanitarianism that engages at the level of affected individuals and their everyday lives. It should also account for records generated or deployed in exigency or in other forms of radical agency.


Author(s):  
Kirsty Hooper

Explores the emergence of mass tourism to Spain during the late Victorian and Edwardian period, and its intersection with British quasi-colonial infrastructure-building in the country. Considers the transformation in tourist guidebooks in the wake of the first Baedeker guide to Spain in 1898, and the emergence of an discourse of ‘anti-tourism’. Explores the proactive role of Spanish regional tourism associations in expanding British imagined geographies of Spain.


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