A Breach of Impunity

A Breach of Impunity

Author: Alejandro Artucio

Publisher:

ISBN: OCLC:1022511242

Category: Trials (Murder)

Page: 81

View: 510

Categories: Trials (Murder)

A Breach of Impunity

A Breach of Impunity

A Breach of Impunity is an account of one of the most consequential trials in recent history and one which has lasting implications for the establishment of human rights in El Salvador.

Author: International Commission of Jurists Staff

Publisher: Fordham Univ Press

ISBN: 0823214435

Category: Religion

Page: 81

View: 169

A Breach of Impunity is an account of one of the most consequential trials in recent history and one which has lasting implications for the establishment of human rights in El Salvador. It is an account of the trial of the nine member s of the El Salvadoran military accused of the assassination of six Jesuits priests, their cook, and her 15-year-old daughter at the Central American University in San Salvador, November 16, 1989. Although the Jesuits are not the first religious victims of the Salvadoran Civil War, which has claimed the lives of 75,000, the assassinations have touched off world-wide concern over the issue of the government's response to military terrorism.
Categories: Religion

State Accountability Under International Law

State Accountability Under International Law

This book considers the extent to which States are held accountable for breaches of jus cogens norms under international law.

Author: Lisa Yarwood

Publisher: Routledge

ISBN: 9781136871160

Category: Law

Page: 200

View: 479

This book considers the extent to which States are held accountable for breaches of jus cogens norms under international law. The concept of State accountability is distinguished from the doctrine of State responsibility and refers to an ad hoc practice in international relations that seeks to ensure States do not escape with impunity when they violate norms that are considered fundamental to the interests of the international community as a whole. State Accountability under International Law sets forth a definition of State accountability and establishes a threshold against which the existence, or not, of State accountability can be determined. Using a Foucauldian influenced interpretive methodology, this book adopts a novel construction of State accountability as having legal, political and even moral characteristics. It argues that the international community seeks to hold States accountable utilising a variety of traditional and non-traditional responses that cumulatively recognise that the institutions that comprise and legitimise the State were instrumental in the particular breach. Using case studies taken from State practice from throughout the twentieth century and covering a range of geographic contexts, the conclusion is that there is evidence that State accountability, as it is conceptualised here, is evolving into a legal principle. The book draws together the many academic theories relating to accountability that have arisen in various areas of international law including environmental law, human rights and trade law before going on to examine an emerging practice of State accountability. A variety of ad hoc attempts and informal mechanisms are assessed against the threshold of State accountability established, with emphasis being given to practical examples ranging from the accountability of Germany and Japan after World War Two to the current attempts to seek accountability from Russia for former crimes of the USSR.
Categories: Law

In Custody

In Custody

Though human rights are inalienable, the modern state has been uniformly guarded in its response to their imperatives. This book traces the historical and contemporary nature of the conflict between the norm and its practice.

Author: Nitya Ramakrishnan

Publisher: SAGE Publications India

ISBN: 9788132116325

Category: Social Science

Page: 504

View: 790

In Custody examines the professed and actual commitment to custodial justice on the part of six South Asian countries. India, Pakistan, Bangladesh, Nepal, Sri Lanka and Afghanistan have all been affected by the geopolitics of colonialism. Nineteenth century Europe is often simplistically seen as the ideological source of the rights discourse in South Asia. But, like any ideological theme, the discourse on rights is also a negotiated space. Resistance created a need to justify imperialism by importing a purpose to it. Regulation of policing was the coloniser's superior norm, and also, his tool of control. The erstwhile colonies inherited the practice of affirming norms while systems enabled their breach. Which is not to say that the purpose of norms is merely hypocritical; political struggles and intellectual discourse have, over the years, ensured the recognition of human rights in international instruments, national charters and even in the very pretexts for their breach. Though human rights are inalienable, the modern state has been uniformly guarded in its response to their imperatives. This book traces the historical and contemporary nature of the conflict between the norm and its practice. Constitutions, statutes and mechanisms of justice are reviewed with case studies and interviews that illustrate the many layers of impunity.
Categories: Social Science

Impunity and Human Rights in International Law and Practice

Impunity and Human Rights in International Law and Practice

344–346; International Commission of Jurists, A Breach of Impunity, the Trial for the Murder of Jesuits in El Salvador, Report of the Observer for Latin ...

Author: Naomi Roht-Arriaza

Publisher: Oxford University Press on Demand

ISBN: 9780195081367

Category: Language Arts & Disciplines

Page: 398

View: 565

I. The legal setting
Categories: Language Arts & Disciplines

Law s Impunity

Law   s Impunity

Indeed, proportional punishment can mandate sanction under criminal law,126 and in the case of gross human rights violations, even impose a duty to ...

Author: Hin-Yan Liu

Publisher: Bloomsbury Publishing

ISBN: 9781782259633

Category: Law

Page: 384

View: 384

When faced with those who act with impunity, we seek the protection of law. We rely upon the legal system for justice, from international human rights law that establishes common standards of protection, to international criminal law that spearheads efforts to end impunity for the most heinous atrocities. While legal processes are perceived to combat impunity, and despite the ready availability of the law, accountability often remains elusive. What if the law itself enables impunity? Law's Impunity asks this question in the context of the modern Private Military Company (PMC), examining the relationship between law and the concepts of responsibility and impunity. This book proposes that ordinary legal processes do not neutralise, but rather legalise impunity. This radical idea is applied to the abysmal record of human rights violations perpetrated by the modern PMC and the shocking absence of accountability. This book demonstrates how the law organises, rather than overcomes, impunity by detailing how the modern PMC exploits ordinary legal processes to systematically exclude itself from legal responsibility. Thus, Law's Impunity offers an alternative to conventional thinking about the law, providing an innovative approach to assess and refine the rigour of legal processes in the ongoing quest to end impunity.
Categories: Law

Impunity of Military Insolence and Licentiousness exhibited in a correspondence between George Barker Captain Sutton and the Duke of Wellington

Impunity of Military Insolence and Licentiousness  exhibited in a correspondence between George Barker     Captain Sutton     and     the Duke of Wellington

in my memorial , whether committed by Sir William Russell or Captain Sutton , if not a calumny , slander , or defamation , or provocation to a breach of the ...

Author: George BARKER (of the Theatre Royal, Drury Lane.)

Publisher:

ISBN: BL:A0020063189

Category:

Page: 23

View: 427

Categories:

The European Court of Human Rights as a Pathway to Impunity for International Crimes

The European Court of Human Rights as a Pathway to Impunity for International Crimes

Here, the individual State Parties themselves breached European Convention and ... relating to humanitarian concerns cannot be avoided based on a breach by.

Author: Sonja C. Grover

Publisher: Springer Science & Business Media

ISBN: 3642107990

Category: Law

Page: 298

View: 791

Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition...The Court’s role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this “inevitable element of judicial interpretation” has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.
Categories: Law

The Fight Against Impunity in EU Law

The Fight Against Impunity in EU Law

... 71 and Hungary72 ) are subject to the Article 7(1) EU procedure aimed at establishing 'a clear risk of a serious breach' of EU values based, inter alia, ...

Author: Luisa Marin

Publisher: Bloomsbury Publishing

ISBN: 9781509926886

Category: Law

Page: 392

View: 467

The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.
Categories: Law

The Un Set of Principles to Combat Impunity

The Un Set of Principles to Combat Impunity

... violations.83 Moreover, we should mention a recent collection that critically engages with what is referred to as the new 'laser focus on anti-impunity' ...

Author: Frank Haldemann

Publisher: Oxford University Press

ISBN: 9780198743606

Category: Law

Page: 416

View: 918

The fight against impunity has become a growing concern of the international community. Updated in 2005, the UN Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity is the fruit of several years of study, developed under the aegis of the UN Commission on Human Rights and then affirmed by the Human Rights Council. These Principles are today widely accepted as constituting an authoritative reference point for efforts in the fight against impunity for gross human rights abuses and serious violations of international humanitarian law. As a comprehensive attempt to codify universal accountability norms, the UN Set of Principles marks a significant step forward in the debate on the obligation of states to combat impunity in its various forms. Bringing together leading experts in the field, this volume provides comprehensive academic commentary of the 38 principles. The book is a perfect companion to the document, setting out the text of the Principles alongside detailed analysis, as well as a full introduction and a guide to the relevant literature and case law. The commentary advances debates and clarifies complex legal issues, making it an essential resource for legal academics, students, and practitioners working in fields such as human rights, international criminal law, and transitional justice.
Categories: Law

The Wages of Impunity

The Wages of Impunity

There is an overwhelming play of violence as power and power as violence , sometimes in breach of the law and sometimes as a tool for its enforcement .

Author: K. G. Kannabiran

Publisher: Orient Blackswan

ISBN: 812502638X

Category: Civil rights

Page: 372

View: 707

The Wages of Impunity consists of essays on human rights and civil liberties in India. Reiterating the indispensability of fundamental rights, the essays focus on aspects such as secularism, socialism, and the right to life, liberty, free speech and association. Using the Constitution as the point of departure, the author opens up the complexity of rights through incisive analyses of case law on each of these aspects.
Categories: Civil rights

Uniform Impunity

Uniform Impunity

... the military investigation had been limited to analyzing if soldiers had committed a breach of military discipline, and civilians are investigating the ...

Author: Human Rights Watch (Organization)

Publisher: Human Rights Watch

ISBN: 9781564324702

Category: Civil-military relations

Page: 76

View: 189

It tolerates the military investigating itself through a system that lacks basic safeguards to ensure independence and impartiality. This report describes 17 cases involving egregious crimes by soldiers against more than 70 victims, including several cases from 2007 and 2008. None of the military investigations of army abuses analyzed here has led to a criminal conviction of even a single soldier for human rights violations. A civilian investigation was conducted in one of the cases and led to the conviction of four soldiers. The military invokes the Code of Military Justice and a strained constitutional interpretation to justify exerting jurisdiction over the cases. Civilian prosecutors have typically accepted the military's jurisdiction grab. But this outcome is not prescribed by Mexico's Constitution and is inconsistent with a recent binding Supreme Court decision.
Categories: Civil-military relations

Contract Status and Fiduciary Law

Contract  Status  and Fiduciary Law

But prophylactic duties are unusual in one important respect: the breach of a prophylactic duty never ... prophylactic duties can be breached with impunity.

Author: Paul B. Miller

Publisher: Oxford University Press

ISBN: 9780191084782

Category: Law

Page: 350

View: 469

Contractual and fiduciary relationships are the two primary mechanisms through which the law facilitates coordinated pursuit of our personal interests. These fields are often represented in oppositional terms, and many accept the distinction that contract law allows an individual to pursue their interests independently, while fiduciary law allows an individual to pursue their interests in a dependent or interdependent way. Relying on this distinction, however, seems to suggest that the boundaries between the fields of contract and fiduciary law are fixed rather than fluid. Bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and fiduciary law, Contract, Status, and Fiduciary Law demonstrates that popular characterizations of the relationship between contract and fiduciary law are overly simplistic. By considering how contract and fiduciary law interact, and not just how they differ, the contributors to this volume offer new insights into a range of topics, including: status relationships, voluntary undertakings, duties of loyalty, equity, employment law, tort law, the law of remedies, political theory, and the theory of the firm.
Categories: Law

State Accountability under International Law

State Accountability under International Law

Holding States Accountable for a Breach of Jus Cogens Norms Lisa Yarwood ... The Principles defined impunity as the failure to provide 'appropriate ...

Author: Lisa Yarwood

Publisher: Routledge

ISBN: 9781136871153

Category: Law

Page: 184

View: 411

This book considers the extent to which States are held accountable for breaches of jus cogens norms under international law. The concept of State accountability is distinguished from the doctrine of State responsibility and refers to an ad hoc practice in international relations that seeks to ensure States do not escape with impunity when they violate norms that are considered fundamental to the interests of the international community as a whole. State Accountability under International Law sets forth a definition of State accountability and establishes a threshold against which the existence, or not, of State accountability can be determined. Using a Foucauldian influenced interpretive methodology, this book adopts a novel construction of State accountability as having legal, political and even moral characteristics. It argues that the international community seeks to hold States accountable utilising a variety of traditional and non-traditional responses that cumulatively recognise that the institutions that comprise and legitimise the State were instrumental in the particular breach. Using case studies taken from State practice from throughout the twentieth century and covering a range of geographic contexts, the conclusion is that there is evidence that State accountability, as it is conceptualised here, is evolving into a legal principle. The book draws together the many academic theories relating to accountability that have arisen in various areas of international law including environmental law, human rights and trade law before going on to examine an emerging practice of State accountability. A variety of ad hoc attempts and informal mechanisms are assessed against the threshold of State accountability established, with emphasis being given to practical examples ranging from the accountability of Germany and Japan after World War Two to the current attempts to seek accountability from Russia for former crimes of the USSR.
Categories: Law

Between Impunity and Imperialism

Between Impunity and Imperialism

... had breached his supervisory duties by failing to ensure that the company had an adequate compliance system.16 There was no effort to sanction any of ...

Author: Kevin E. Davis

Publisher: Oxford University Press

ISBN: 9780190070823

Category: Law

Page: 304

View: 614

When people pay bribes to foreign public officials, how should the law respond? This question has been debated ever since the enactment of the U.S. Foreign Corrupt Practices Act of 1977, and some of the key arguments can be traced back to Cicero in the last years of the Roman Republic and Edmund Burke in late eighteenth-century England. In recent years, the U.S. and other members of the OECD have joined forces to make anti-bribery law one of the most prominent sources of liability for firms and individuals who operate across borders. The modern regime is premised on the idea that transnational bribery is a serious problem which invariably merits a vigorous legal response. The shape of that response can be summed up in the phrase "every little bit helps," which in practice means that: prohibitions on bribery should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many agencies as possible should be involved in the enforcement process. An important challenge to the OECD paradigm, labelled here the "anti-imperialist critique," accepts that transnational bribery is a serious problem but questions the conventional responses. This book uses a series of high-profile cases to illustrate key elements of transnational bribery law in action, and analyzes the law through the lenses of both the OECD paradigm and the anti-imperialist critique. It ultimately defends a distinctively inclusive and experimentalist approach to transnational bribery law.
Categories: Law

Anti Impunity and the Human Rights Agenda

Anti Impunity and the Human Rights Agenda

6) states that a breach of Article 1 may lead to an extinction of ownership. Following the Constitution of 1991, art. 58, Law No. 160, art.

Author: Karen Engle

Publisher: Cambridge University Press

ISBN: 9781108165815

Category: Political Science

Page:

View: 148

In the twenty-first century, fighting impunity has become both the rallying cry and a metric of progress for human rights. The new emphasis on criminal prosecution represents a fundamental change in the positions and priorities of students and practitioners of human rights and transitional justice: it has become almost unquestionable common sense that criminal punishment is a legal, political, and pragmatic imperative for addressing human rights violations. This book challenges that common sense. It does so by documenting and critically analyzing the trend toward an anti-impunity norm in a variety of institutional and geographical contexts, with an eye toward the interaction between practices at the global and local levels. Together, the chapters demonstrate how this laser focus on anti-impunity has created blind spots in practice and in scholarship that result in a constricted response to human rights violations, a narrowed conception of justice, and an impoverished approach to peace.
Categories: Political Science

Text Cases and Materials on Contract Law

Text  Cases and Materials on Contract Law

... the Bredero decision, a covenant not to erect any further houses without permission, intended to achieve the same result, may be breached with impunity.

Author: Richard Stone

Publisher: Routledge

ISBN: 9781317815181

Category: Law

Page: 800

View: 923

Composed of approximately one-quarter authors’ commentaries and three-quarters cases and materials, including academics' articles and extracts from books and Law Commission papers, this book facilitates the development of personal study skills and encourages readers to engage with the leading commentaries in the area. Clearly signposted chapter introductions highlight the salient features under discussion and additional reading collected at the end of each chapter guides further study and independent research. The range of material covered and the straightforward style makes Text, Cases and Materials on Contract Law an invaluable resource for all undergraduate students of contract law.
Categories: Law

The Achilles Heel of Democracy

The Achilles Heel of Democracy

The International Commission of Jurists characterized the trial as a “breach of impunity,” while also suggesting that the jury's reasoning closely traced ...

Author: Rachel E. Bowen

Publisher: Cambridge University Press

ISBN: 9781107178328

Category: Law

Page: 302

View: 612

Featuring the first in-depth comparison of the judicial politics of five under-studied Central American countries, The Achilles Heel of Democracy offers a novel typology of 'judicial regime types' based on the political independence and societal autonomy of the judiciary. This book highlights the under-theorized influences on the justice system - criminals, activists, and other societal actors, and the ways that they intersect with more overtly political influences. Grounded in interviews with judges, lawyers, and activists, it presents the 'high politics' of constitutional conflicts in the context of national political conflicts as well as the 'low politics' of crime control and the operations of trial-level courts. The book begins in the violent and often authoritarian 1980s in Guatemala, El Salvador, Honduras, and Nicaragua, and spans through the tumultuous 2015 'Guatemalan Spring'; the evolution of Costa Rica's robust liberal judicial regime is traced from the 1950s.
Categories: Law

The Global Prosecution of Core Crimes Under International Law

The Global Prosecution of Core Crimes Under International Law

The work contains a study of the State obligation to cooperate, it illustrates the extent to which such obligation is binding (both upon State Parties to the International Criminal Court and upon non-State Parties in certain circumstances), ...

Author: Christopher Soler

Publisher:

ISBN: OCLC:1151502759

Category:

Page: 465

View: 385

"The thesis examines the extent to which grounds for refusal of surrender act as obstacles to hinder or jeopardise the transfer of individuals from a State to the International Criminal Court. It also examines the extent to which grounds for refusal of extradition act as obstacles to hinder or jeopardise the transfer of individuals from the requesting State to the requested State. By scrutinizing both the vertical and the horizontal systems of enforcement of international criminal law, the dissertation investigates the extent to which obstacles to the surrender and/or extradition of individuals are unsurmountable or otherwise. The critical analysis is preceded by an examination of the concept of 'core crimes'. The work contains a study of the State obligation to cooperate, it illustrates the extent to which such obligation is binding (both upon State Parties to the International Criminal Court and upon non-State Parties in certain circumstances), and portrays the consequences in cases of a breach thereof. Since the ensuing consequences do little to deter States from defaulting, the author identifies and explores new legal avenues which can serve to trigger the criminal liability of those who decide to withhold cooperation. Where grounds for refusal of extradition are invoked by States, some ideas are proposed to restrict their application and effect, without violating international human rights law. The prospective roles of domestic, hybrid, special and international courts (and tribunals) in the fight against impunity and for the purposes of the enforcement of international criminal law are discussed and evaluated."--Samenvatting auteur.
Categories:

International Responses to Traumatic Stress

International Responses to Traumatic Stress

Van Boven points out that a clear nexus exists between impunity for perpetration of gross violations of human rights and failure to provide just adequate ...

Author: Yael Danieli

Publisher: Routledge

ISBN: 9781351843515

Category: Psychology

Page: 484

View: 481

"International Responses to Traumatic Stress" asks pertinent questions as the United Nations observes its 50th Anniversary. It focuses on the effects of traumatic stress which accompany personal and collective disasters. In an overcrowded world, recent catastrophes, natural as well as man-made, have left a wake of tormented people, ranging from political prisoners to humiliated UN peace-keepers.
Categories: Psychology