Compatibility between transitional justice tools in Colombian and international law

2021 ◽  
pp. 110-122
Author(s):  
Juanita Goebertus Estrada
Keyword(s):  
International Law ◽  
Transitional Justice

Stakeholder Theory and Justice Issues: The Leap from Business Management to Contemporary International Law

2010 ◽  
Vol 10 (2) ◽  
pp. 143-180
Author(s):  
Bronik Matwijkiw ◽  
Anja Matwijkiw
Keyword(s):  
United Nations ◽  
International Law ◽  
Stakeholder Theory ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Business Management ◽  
Secretary General ◽  
The Rule Of Law ◽  
Post Conflict ◽  
The United Nations

AbstractIn this article, the two authors examine the leap from business management to contemporary international law in the context of stakeholder theory. Because stakeholder theory was developed for business management, they provide a thorough account of the original framework. Furthermore, to illustrate the theory's application as a recently adopted parameter for the United Nations, they use former Secretary-General Kofi Atta Annan's 2004-report to the Security Council, "The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies". Proceeding on the hypothesis that while all premises ultimately match traditional positions in general jurisprudence, it appears that stakeholder theory nevertheless forces the United Nations to take sides in an unprecedented manner, especially pertaining to rights-typology and the credentials-checking for this. Finally, some of the most important implications are distilled as part of an attempt to formulate a few recommendations for United Nations justice managers and administrators.

scholarly journals Is the Responsibility to Protect an Accepted Norm of International Law in the post-Libya Era?

2018 ◽  
pp. 11
Author(s):  
Jeremy Sarkin
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Building Blocks ◽  
Responsibility To Protect ◽  
Human Rights Violations ◽  
One Dimensional

This article explores the Responsibility to Protect (RtoP) in the post-Libya era to determinewhether it is now an accepted norm of international law. It examines what RtoP means intoday`s world and whether the norm now means that steps will be taken against states thatare committing serious human rights violations. The building blocks of RtoP are examined tosee how to make the doctrine more relevant and more applicable. It is contended that theresponsibility to react should be viewed through a much wider lens and that it needs to bemore widely interpreted to allow it to gain greater support. It is argued that there is a need tofocus far more on the responsibility to rebuild and that it ought to focus on the transitionallegal architecture as well as transitional justice. It is contended that these processes ought notto be one-dimensional, but ought to have a variety of constituent parts. It is further arguedthat the international and donor community ought to be far more engaged and far moredirective in these projects.

Cambodia

2019 ◽  
pp. 496-524
Author(s):  
Mahdev Mohan
Keyword(s):  
International Law ◽  
Legal System ◽  
Transitional Justice ◽  
Khmer Rouge ◽  
State Building ◽  
Public International Law ◽  
Customary Laws ◽  
International Legal System ◽  
Khmer Rouge Regime ◽  
Key Aspects

This chapter studies international law in Cambodia. Cambodia’s evolving relationship with public international law must be understood in the context of the nation’s unique history and circumstances, which are marked by colonization, conflict, Vietnamese occupation, territorial administration, civil war, transitional justice, and state-building. Cambodia’s legal system has undergone significant changes from the early days of unwritten customary laws, to the imposition of French civil law, and thereafter the ‘legal vacuum’ created by the ultra-Marxist Khmer Rouge regime that left Cambodia in a state of war and international isolation until the 1980s. The chapter then outlines key aspects of international law in and apropos Cambodia that illustrate Cambodia’s reception of public international law, and its position as an active participant in the international legal system. Cambodia has certainly taken strides in its participation in dispute resolution on the international plane. However, its tryst with international law is a fractious one.

Part III Epilogue and Reflections, 8 Conclusions and the Way Forward

2018 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
International Law ◽  
Transitional Justice ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Legal Assistance ◽  
Future Prospects ◽  
International Peace ◽  
Draft Convention

The chapter describes international efforts to close the gaps in existing treaties on the obligation to extradite or prosecute. These include: (i) the joint initiative for the adoption of a new international instrument on mutual legal assistance and extradition for the effective investigation and prosecution of the most serious crimes of international concern, in particular, the crimes of genocide, crimes against humanity, and war crimes, by domestic jurisdictions; and (ii) the International Law Commission's work on a draft convention on Crimes against Humanity. The chapter also explores the issue of capacity building for the national judiciary and a regional judicial mechanism to help alleviate the burden of the International Criminal Court; national peace/reconciliation, international peace/stability, and other considerations against the implementation of the obligation to extradite or prosecute; the operation of transitional justice as an alternative to prosecution; and the implications of the atrocities in Syria for the future prospects of this obligation in the context of international criminal justice.

The Oxford Handbook of International Law in Armed Conflict

2014 ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Forced Migration ◽  
Armed Forces ◽  
Cultural Property ◽  
Historical Background ◽  
The Law ◽  
The Right

TheHandbookconsists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces key concepts in international humanitarian law: weapons and the notion of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, internal armed conflict. Part V looks at key rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, and the human rights of the members of the armed forces. Part VI covers key issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, forced migration, and issues of gender. Part VII deals with accountability issues including those related to private security companies, the need to focus on armed groups, as well as questions of state responsibility brought before national courts, and finally, the book addresses issues related to transitional justice.

Part II The Right to Know, A General Principles, Principle 2 The Inalienable Right to the Truth

2018 ◽  
Author(s):  
Groome Dermot
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Truth Commissions ◽  
Right To Know ◽  
International Courts ◽  
International Convention ◽  
The Right To Know ◽  
The Right ◽  
International Instruments

Principle 2 is concerned with the inalienable right to truth, a right that arises from the right to know and obliges governments to establish mechanisms to facilitate the revelation of the truth about serious violations of human rights. The right to truth has been explicitly incorporated into several international instruments and, in 2010, became expressly guaranteed in the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). In practice, the right to truth is realized through laws enabling requests for state-held information; archives; truth commissions; national and international courts; and human rights commissions. After providing a contextual and historical overview of Principle 2, this chapter describes its normative (legal/ethical) foundation, focusing on how its interpretation is influenced by international law and how it relates to notions of transitional justice. It also analyzes the applications of the Principle in practice.

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