DOCSLIB.ORG

The Right to Reparation in International Law for Victims of Armed Conflict

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Right to Reparation in International Law for Victims of Armed Conflict The Right to Reparation in International Law for Victims of Armed Conflict In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines state responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted state responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of states. Christine Evans is a staff member of the Office of the United Nations High Commissioner for Human Rights. She holds a Ph.D. in international law from the LSE and an LLM from the Raoul Wallenberg Institute of Human Rights and Humanitarian Law. The Right to Reparation in International Law for Victims of Armed Conflict Christine Evans CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, Sa˜oPaulo, Delhi, Mexico City Cambridge University Press The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9781107019973 # Christine Evans 2012 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2012 Printed in the United Kingdom at the University Press, Cambridge A catalogue record for this publication is available from the British Library Library of Congress Cataloging-in-Publication Data Evans, Christine (E. Christine) The right to reparation in international law for victims of armed conflict / Christine Evans. p. cm. – (Cambridge studies in international and comparative law ; 91) Includes bibliographical references and index. ISBN 978-1-107-01997-3 1. War reparations. 2. Restorative justice. 3. Reparations for historical injustices 4. Reparation (Criminal justice) I. Title. KZ6785.E93 2012 340.9–dc23 2011048386 ISBN 978-1-107-01997-3 Hardback Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party Internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. The views expressed herein are those of the author and do not necessarily reflect the views of the United Nations. Contents Acknowledgements page ix Table of cases xi Table of treaties xvii List of abbreviations xix 1 Introduction 1 1.1 Introduction and context 1 1.2 Aim and objectives of the study 7 1.3 Structure and outline 10 1.4 Definition of key concepts 13 Part I Responsibility and legal standards 15 2 State responsibility, the legal order and the development of legal norms for victims 17 2.1 Introduction 17 2.2 Recognition of human rights in customary law 18 2.3 Recognition in general international law of individuals as beneficiaries of reparations 28 2.4 Reparation in international humanitarian law 31 2.5 Reparation in international human rights law 33 2.6 Reparation provisions in regional human rights instruments 35 2.7 Basic principles on the right to reparation for victims 36 2.8 A customary right to reparation? 39 2.9 Conclusions 42 v vi contents 3 Human rights jurisprudence on reparations, international and regional 44 3.1 Introduction 44 3.2 The international human rights treaty body system 45 3.3 The European system for human rights protection 57 3.4 The Inter-American system for human rights protection 66 3.5 The African system for human rights protection 76 3.6 Conclusions 82 4 Reparations in international criminal law 86 4.1 Introduction 86 4.2 Origins of reparation provisions in international criminal law 87 4.3 Reparations and the ad hoc international tribunals 89 4.4 Reparations in the Rome Statute of the International Criminal Court 99 4.5 International Criminal Court Trust Fund for Victims 105 4.6 Steps backwards? The Special Panels for Serious Crimes in East Timor, the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia 110 4.7 Contributing factors to the shift in the focus on victims’ rights within international criminal law 117 4.8 Conclusions 122 5 Conclusions Part I – legal state of play: convergence of international law and reparation as an individual legal right with customary recognition 125 Part II Transferring standards into reality 129 6 The role of the UN and the promotion of victims’ rights and reparations in practice 131 6.1 Introduction to transitional justice mechanisms and truth commissions 131 6.2 The United Nations Compensation Commission 139 6.3 Compensation in Darfur? 144 contents vii 7 Case study: reparations in Guatemala 146 7.1 Introduction 146 7.2 Brief historical background 147 7.3 Peace negotiations 148 7.4 Establishment and mandate of the Truth Commission 149 7.5 Operational aspects of the Historical Clarification Commission 151 7.6 The Final Report of the Historical Clarification Commission 152 7.7 Follow-up and implementation of the recommendations regarding reparations 155 7.8 Conclusions 161 8 Case study: reparations in Sierra Leone 164 8.1 Introduction 164 8.2 Brief historical background 165 8.3 Lome´ Peace Agreement 166 8.4 The Truth and Reconciliation Commission Act of 2000 169 8.5 Operational aspects of the Truth and Reconciliation Commission 172 8.6 The relationship between the Truth Commission and the Special Court 174 8.7 The Final Report of the Truth Commission and its Recommendations 176 8.8 Follow-up and implementation of the recommendations regarding reparations 180 8.9 Conclusions 183 9 Case study: reparations in East Timor 185 9.1 Introduction 185 9.2 Brief historical background 186 9.3 Prosecutions and the Truth Commission 188 9.4 Establishment of the Commission for Reception, Truth and Reconciliation 189 9.5 Operational aspects of the Commission for Reception, Truth and Reconciliation 191 9.6 The Final Report of the Truth Commission and its Recommendations 195 viii contents 9.7 Follow-up and implementation of the recommendations regarding reparations 198 9.8 Conclusions 201 10 Case study: reparations in Colombia 203 10.1 Introduction 203 10.2 Brief historical background 204 10.3 Negotiations with the paramilitaries 207 10.4 The ‘Alternative Justice’ bill 210 10.5 Law 975 of 2005: La Ley de Justicia y Paz 211 10.6 Reparations in Law 975 of 2005 213 10.7 National Commission on Reparations and Reconciliation 215 10.8 Administrative reparations programme 217 10.9 The Law on Victims’ Right to Comprehensive Reparation and Land Restitution: Law 1448 219 10.10 Conclusions 220 11 Conclusions Part II – reparations in practice: comparative analysis of practice, lessons learnt and future challenges 223 12 Final remarks: the right to reparation and implementation of the legal norm: emerging convergence of law and practice? 231 Bibliography 239 Index 265 Acknowledgements This topic has been a long-standing interest of mine since undertaking volunteer work in 1999 with victims of the armed conflict in Guatemala. The strength of victims of human rights violations and of the advocates who act on their behalf has constituted the major source of inspiration during this research. This book is based on a Ph.D. thesis successfully defended at the London School of Economics and Political Science (LSE) in November 2010. I wish to express gratitude to Prof. Stanley Cohen for encouraging me to apply to LSE, to Prof. Gerry Simpson for his supervision and to Dr Margot Salomon for her supervision and important guidance during the final stages. I also wish to thank Prof. Manfred Nowak and Prof. Francesca Klug for their invaluable comments in the context of the examination of the thesis. A warm expression of appreciation to my supervisors at the UN Office of the High Commissioner for Human Rights (OHCHR): Jane Connors and Mercedes Morales for their vital advice and support, without which this project could not have been undertaken. I wish to thank the many colleagues and friends I have had the pleasure of working with and learning from at OHCHR, especially in the Colombia Office (gracias) and within the Human Rights Treaties Division and Special Procedures Branch in Geneva. A particularly warm appreci- ation to Maja Andrijasevic-Boko, Linnea Arvidsson, Therese Bjo¨rk, Elisabeth da Costa, Helle Dahl Iversen, Joana Miquel Gelabert and Katarina Ma˚nsson for many shared smiles and for encouragement over the years. I could not have done this without you. For their friendship and inspiring commitment to human rights work, I also thank: Estelle Askew-Renaut, Carmen Bejarano, Ugo Cedrangolo, Martin Cinnamond, Ellen Colthoff, Claudia de la Fuente, Sara Gustafsson, ix x acknowledgements Anna-Karin Holmlund, Yasmin Keith Krelik, Danielle Kirby, Diana Losada, Joao Nataf, Nicole Oberholzer, Judy Akot Oder, Krista Oinonen, Santiago Martinez de Orense, Anastasia Panayotidis, Jesus Pen˜a, Laurence Perroud, Bjo¨rn Pettersson, Carolin Schleker, Karen Sherlock, Marie-Christine Siemerink, Georgina Mendoza Solorio and Anna de la Varga. A special mention of human rights treaty body members I am grateful to have worked with and learnt from: Dr Agnes Aidoo, Prof. Claudio Grossman, Prof. Helen Keller, Prof. Yanghee Lee, Sir Nigel Rodley, Prof.
Load more

Recommended publications
  • The Limits of Punishment Transitional Justice and Violent Extremism
    i n s t i t u t e f o r i n t e g r at e d t r a n s i t i o n s The Limits of Punishment Transitional Justice and Violent Extremism May, 2018 United Nations University – Centre for Policy Research The UNU Centre for Policy Research (UNU-CPR) is a UN-focused think tank based at UNU Centre in Tokyo. UNU-CPR’s mission is to generate policy research that informs major UN policy processes in the fields of peace and security, humanitarian affairs, and global development. i n s t i t u t e f o r i n t e g r at e d t r a n s i t i o n s Institute for Integrated Transitions IFIT’s aim is to help fragile and conflict-affected states achieve more sustainable transitions out of war or authoritarianism by serving as an independent expert resource for locally-led efforts to improve political, economic, social and security conditions. IFIT seeks to transform current practice away from fragmented interventions and toward more integrated solutions that strengthen peace, democracy and human rights in countries attempting to break cycles of conflict or repression. Cover image nigeria. 2017. Maiduguri. After being screened for association with Boko Haram and held in military custody, this child was released into a transit center and the care of the government and Unicef. © Paolo Pellegrin/Magnum Photos. This material has been supported by UK aid from the UK government; the views expressed are those of the authors.
    [Show full text]
  • Understanding the Right to Freedom of Expression
    Understanding the Right to Freedom of Expression AN INTERNATIONAL LAW PRIMER FOR JOURNALISTS This is a joint publication by the International Human Rights Program (IHRP) at the University of Toronto, Faculty of Law and Journalists for Human Rights (JHR). The IHRP is a multiple-award winning program that enhances the legal protection of existing and emerging international human rights obligations through advocacy, knowledge-exchange, and capacity-building initiatives that provide experiential learning opportunities for students and legal expertise to civil society. Journalists for Human Rights (JHR) is Canada’s leading media development organization. JHR helps journalists build their capacity to report ethically and effectively on human rights and governance issues in their communities. AUTHOR: Katie Bresner EDITORS: Renu Mandhane, Bonnie Allen (pro-bono), Naregh Galoustian FACT-CHECKING: Arezou Soltani (pro-bono) DESIGN: Meghan D’Mello (pro-bono) COVER PHOTO: Journalism students Ibrahim Sahoury and Ahmed Habeeballah participate in a JHR workshop in February 2014 in Amman, Jordan. © Rachel Pulfer 2014 International Human Rights Program (IHRP) University of Toronto Faculty of Law 39 Queen’s Park, Suite 106 Toronto, Ontario Canada M5S 2C3 http://ihrp.law.utoronto.ca Journalist for Human Rights (JHR) 147 Spadina Avenue, Suite 206 Toronto, Ontario Canada M5V 2L7 http://www.jhr.ca/en/ This publication was generously supported by the United Nations Democracy Fund Copyright © 2015 IHRP | JHR All rights reserved. Printed in Toronto. iii Contents LIST OF ACRONYMS vi I. INTRODUCTION 1 II. DEFINING FREEDOM OF EXPRESSION 3 III. PROTECTING FREEDOM OF EXPRESSION: UNITED NATIONS TREATIES 7 A. International Covenant on Civil and Political Rights 8 B.
    [Show full text]
  • Martha L. Minow
    Martha L. Minow 1525 Massachusetts Avenue Griswold 407, Harvard Law School Cambridge, MA 02138 (617) 495-4276 [email protected] Current Academic Appointments: 300th Anniversary University Professor, Harvard University Harvard University Distinguished Service Professor Faculty, Harvard Graduate School of Education Faculty Associate, Carr Center for Human Rights, Harvard Kennedy School of Government Current Activities: Advantage Testing Foundation, Vice-Chair and Trustee American Academy of Arts and Sciences, Access to Justice Project American Bar Association Center for Innovation, Advisory Council American Law Institute, Member Berkman Klein Center for Internet and Society, Harvard University, Director Campaign Legal Center, Board of Trustees Carnegie Corporation, Board of Trustees Committee to Visit the Harvard Business School, Harvard University Board of Overseers Facing History and Ourselves, Board of Scholars Harvard Data Science Review, Associate Editor Initiative on Harvard and the Legacy of Slavery Law, Violence, and Meaning Series, Univ. of Michigan Press, Co-Editor MacArthur Foundation, Director MIT Media Lab, Advisory Council MIT Schwarzman College of Computing, Co-Chair, External Advisory Council National Academy of Sciences' Committee on Science, Technology, and Law Profiles in Courage Award Selection Committee, JFK Library, Chair Russell Sage Foundation, Trustee Skadden Fellowship Foundation, Selection Trustee Susan Crown Exchange Foundation, Trustee WGBH Board of Trustees, Trustee Education: Yale Law School, J.D. 1979 Articles and Book Review Editor, Yale Law Journal, 1978-1979 Editor, Yale Law Journal, 1977-1978 Harvard Graduate School of Education, Ed.M. 1976 University of Michigan, A.B. 1975 Phi Beta Kappa, Magna Cum Laude James B. Angell Scholar, Branstrom Prize New Trier East High School, Winnetka, Illinois, 1968-1972 Honors and Fellowships: Leo Baeck Medal, Nov.
    [Show full text]
  • The Right to Reparations for Acts of Torture: What Right, What Remedies?*
    96 STATE OF THE ART The right to reparations for acts of torture: what right, what remedies?* Dinah Shelton** 1. Introduction international obligation must cease and the In all legal systems, one who wrongfully wrong-doing state must repair the harm injures another is held responsible for re- caused by the illegal act. In the 1927 Chor- dressing the injury caused. Holding the zow Factory case, the PCIJ declared dur- wrongdoer accountable to the victim serves a ing the jurisdictional phase of the case that moral need because, on a practical level, col- “reparation … is the indispensable comple- lective insurance might just as easily provide ment of a failure to apply a convention and adequate compensation for losses and for fu- there is no necessity for this to be stated in ture economic needs. Remedies are thus not the convention itself.”1 Thus, when rights only about making the victim whole; they are created by international law and a cor- express opprobrium to the wrongdoer from relative duty imposed on states to respect the perspective of society as a whole. This those rights, it is not necessary to specify is incorporated in prosecution and punish- the obligation to afford remedies for breach ment when the injury stems from a criminal of the obligation, because the duty to repair offense, but moral outrage also may be ex- emerges automatically by operation of law; pressed in the form of fines or exemplary or indeed, the PCIJ has called the obligation of punitive damages awarded the injured party. reparation part of the general conception of Such sanctions express the social convic- law itself.2 tion that disrespect for the rights of others In a later phase of the same case, the impairs the wrongdoer’s status as a moral Court specified the nature of reparations, claimant.
    [Show full text]
  • Background Note on Human Rights Violations Against Intersex People Table of Contents 1 Introduction
    Background Note on Human Rights Violations against Intersex People Table of Contents 1 Introduction .................................................................................................................. 2 2 Understanding intersex ................................................................................................... 2 2.1 Situating the rights of intersex people......................................................................... 4 2.2 Promoting the rights of intersex people....................................................................... 7 3 Forced and coercive medical interventions......................................................................... 8 4 Violence and infanticide ............................................................................................... 20 5 Stigma and discrimination in healthcare .......................................................................... 22 6 Legal recognition, including registration at birth ............................................................... 26 7 Discrimination and stigmatization .................................................................................. 29 8 Access to justice and remedies ....................................................................................... 32 9 Addressing root causes of human rights violations ............................................................ 35 10 Conclusions and way forward..................................................................................... 37 10.1 Conclusions
    [Show full text]
  • Hamilakis Nation and Its Ruins.Pdf
    CLASSICAL PRESENCES General Editors Lorna Hardwick James I. Porter CLASSICAL PRESENCES The texts, ideas, images, and material culture of ancient Greece and Rome have always been crucial to attempts to appropriate the past in order to authenticate the present. They underlie the mapping of change and the assertion and challenging of values and identities, old and new. Classical Presences brings the latest scholarship to bear on the contexts, theory, and practice of such use, and abuse, of the classical past. The Nation and its Ruins: Antiquity, Archaeology, and National Imagination in Greece YANNIS HAMILAKIS 1 3 Great Clarendon Street, Oxford ox2 6dp Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide in Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With oYces in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries Published in the United States by Oxford University Press Inc., New York ß Yannis Hamilakis 2007 The moral rights of the author have been asserted Database right Oxford University Press (maker) First published 2007 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, or under terms agreed with the appropriate reprographics rights organization.
    [Show full text]
  • • International Court of Justice • • • • •
    • • • INTERNATIONAL COURT OF JUSTICE • • • • • . Request for an • Advisory Opinion on the • Legal Consequences of the • Construction of a Wall • in the Occupied Palestinian Territories • • WRITTEN STATEMENT SUBMITTED BY • THE HASHEMITE KINGDOM OF JORDAN • • • • 30 January 2004 • • • • • TABLE OF CONTENTS • 1. Introduction • Il. General background • III. Immediate background • IV. Relevant facts V. Relevant legal considerations • (a) The Court' s jurisdiction • (i) The request raises a legal question which the Court has jurisdiction ta answer • (ii) There are no compelling reasons which should lead the • Court ta refuse ta give the advisory opinion requested of it. • (b) Applicable legal principles (i) The prohibition of the use of force, and the right of seIf- • determination, are Iules of ius cogens (ii) The territory in whîch the wall has been or is planned to be • constructed constitutes occupied territory for purposes of international law • (lii) The law applicable in respect of occupied territory limîts • the occupying State's power$ (iv) Occupied territory cannot be annexed by the occupying • State • (c) Applicable legal principles and the construction of the wall (i) The occupying State does not have the right effectively to • alIDex occupied territory or otherwise to alter its status (ii) The occupying State does not have the right to alter the • population balance in the occupîed territory by estabIishing alien • settlements • ->- :.• 1 1. • -11- (iii) The occupying State lS not entitled in occupied territory to construct a wall
    [Show full text]
  • Kuwait Submission to the United Nations Human Rights Committee
    KUWAIT SUBMISSION TO THE UNITED NATIONS HUMAN RIGHTS COMMITTEE 117TH SESSION, 20 JUNE- 15 JULY 2016 Amnesty International Publications First published in 2016 by Amnesty International Publications International Secretariat Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom www.amnesty.org © Amnesty International Publications 2016 Index: MDE 17/4145/2016 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. This publication is copyright, but may be reproduced by any method without fee for advocacy, campaigning and teaching purposes, but not for resale. The copyright holders request that all such use be registered with them for impact assessment purposes. For copying in any other circumstances, or for reuse in other publications, or for translation or adaptation, prior written permission must be obtained from the publishers, and a fee may be payable. To request permission, or for any other inquiries, please contact [email protected] Amnesty International is a global movement of more than 7 million supporters, members and activists in more than 150 countries and territories who campaign to end grave abuses of human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. accompan CONTENTS INTRODUCTION
    [Show full text]
  • National Reconciliation, Transnational Justice, and the International Criminal Court Juan E
    National Reconciliation, Transnational Justice, and the International Criminal Court Juan E. Méndez The creation of international tribunals to try perpetrators of heinous crimes and the drive to establish a permanent International Criminal Court (ICC) represent a turn from blanket amnesties and de facto impunity toward policies of holding leaders and public officials accountable for their actions.1 Applying universal jurisdiction to crimes committed in other parts of the world, dramatically exemplified by the eigh- teen-month-long detention in England of General Augusto Pinochet of Chile pur- suant to an extradition request from a Spanish court, is an important new way to break the cycle of impunity for serious and massive human rights crimes.2 This drive is part of a larger campaign to ensure that truth prevails over denial and oblivion, and justice over impunity. The struggle to achieve these goals has taken place largely in countries going through transitions from dictatorship to democracy in Latin America, Eastern Europe, and Africa in the 1980s and 1990s. Those experiences have resulted in a variety of policy instruments, such as criminal prosecutions, truth commissions, reparations schemes, and disqualification of known perpetrators from performing important duties in the reconstituted agencies of a newly democratic state. In only a few years, these developments have effected an extraordinary change in international human rights law. Together they create a new paradigm for how soci- eties in transition from tyranny to democracy confront
    [Show full text]
  • Liberties a History of Human Rights in Canada
    TAKING LIBERTIES A HISTORY OF HUMAN RIGHTS IN CANADA Edited by David Goutor and Stephen Heathorn OXFORD UNIVERSITY PRESS OXFORD UNIVERSITY PRESS Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries. Published in Canada by Oxford University Press 8 Sampson Mews, Suite 204, Don Mills, Ontario M3C 0H5 Canada www.oupcanada.com Copyright © David Goutor and Stephen Heathorn 2013 Contributors retain copyright for their contributions The moral rights of the author have been asserted Database right Oxford University Press (maker) All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence, or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Permissions Department at the address above or through the following url: www.oupcanada.com/permission/permission_request.php Every effort has been made to determine and contact copyright holders. In the case of any omissions, the publisher will be pleased to make suitable acknowledgement in future editions. Library and Archives Canada Cataloguing in Publication Taking liberties : a history of human rights in Canada / edited by David Goutor and Stephen Heathorn. Includes bibliographical references and index. ISBN 978-0-19-900479-9 (bound) 1.
    [Show full text]
  • International Criminal Justice, Legal Pluralism, and the Margin of Appreciation Lessons from the European Convention on Human Rights
    \\jciprod01\productn\H\HLH\33-1\HLH102.txt unknown Seq: 1 14-SEP-20 9:53 International Criminal Justice, Legal Pluralism, and the Margin of Appreciation Lessons from the European Convention on Human Rights Fr´ed´eric M´egret1 Abstract: This Article explores the potential of the margin of appreciation to conceptualize the pluralism of international criminal justice. A growing debate in international criminal justice concerns the extent to which it can and ought to be conceived pluralistically. That debate has often remained theoretical, however, lacking a broad understanding of how that pluralism could be justified and implemented in international law. This Article ar- gues that the notion of the margin of appreciation, as developed in the jurisprudence of the European Court of Human Rights, makes an impor- tant contribution to our understanding of the potential pluralism of inter- national criminal justice. Developed as a tool to reconcile European human rights principles with the diversity of European societies, the margin of appreciation provides arguments to better justify pluralism as both prag- matic and principled. Moreover, the margin of appreciation provides gui- dance in considering how far domestic criminal justice systems should stray from central norms of international criminal justice. The article concludes with some thoughts on the way forward in forging a pluralistic interna- tional criminal justice jurisprudence that does not sacrifice a universalist commitment. TABLE OF CONTENTS The Case for Pluralism: The View from the Margin of Appreciationv ......................................... 67 R The Merely Pragmatic Case for Pluralism .................. 68 R 1. Full Professor and Dawson Scholar, Faculty of Law, McGill University.
    [Show full text]
  • Transitional Justice and the Quality of Democracy Vol. 7 (2) 2013
    urn:nbn:de:0070-ijcv-2013280 IJCV: Vol. 7 (2) 2013, pp. 298 – 313 Transitional Justice and the Quality of Democracy Anja Mihr, Netherlands Institute of Human Rights, Utrecht University, the Netherland Vol. 7 (2) 2013 Editorial (p. 197) Focus Section: Guest Editorial: Intimate Partner Violence as a Global Problem – International and Interdisciplinary Focus: Intimate Partner Perspectives Barbara Krahé / Antonia Abbey (pp. 198 – 202) Violence The Relation Between Dating Violence Victimization and Commitment Among Turkish College Women: Does the Investment Model Matter? Ezgi Toplu-Demirta s / Zeynep Hatipo glu-Sümer / Jacquelyn W. White (pp. 203 – 215) Women, Violence, and Social Change in Northern Ireland and Chiapas: Societies Between Tradition and Transition Melanie Hoewer (pp. 216 – 231) Intimate Partner Violence Against Disabled Women as a Part of Widespread Victimization and Discrimination over the Lifetime: Evidence from a German Representative Study Monika Schröttle / Sandra Glammeier (pp. 232 – 248) Perceptions of Gay, Lesbian, and Heterosexual Domestic Violence Among Undergraduates in Sweden Ali M. Ahmed / Lina Aldén / Mats Hammarstedt (pp. 249 – 260) College Students’ Perceptions of Intimate Partner Violence: A Comparative Study of Japan, China, and the United States Toan Thanh Nguyen / Yasuko Morinaga / Irene Hanson Frieze / Jessica Cheng / Manyu Li / Akiko Doi / Tatsuya Hirai / Eunsun Joo / Cha Li (pp. 261 – 273) Self-efficacy in Anger Management and Dating Aggression in Italian Young Adults Annalaura Nocentini / Concetta Pastorelli / Ersilia Menesini (pp. 274 – 285) Open Section Reactions to Provocation and Feelings About Aggression in an Indian sample VanLal Thanzami / John Archer (pp. 286 – 297) Transitional Justice and the Quality of Democracy Anja Mihr (pp. 298 – 313) This work is licensed under the Creative Commons Attribution-NoDerivatives License.
    [Show full text]