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Postscript: Reconceiving Response to Crime

Hyman Gross

in Crime and Punishment: A Concise Moral Critique

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644711
eISBN:
9780191738944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644711.003.0015
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter suggests a radical reorientation in understanding our response to crime. It calls for placing emphasis on the feelings we have in response to crime. Our response to crime must take its ... More


Prosecuting Serious Human Rights Violations

Anja Seibert-Fohr

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.001.0001
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

Criminal punishment is increasingly regarded as a necessary element of human rights protection. There is a growing conviction at the international level that those responsible for the most serious ... More


Introduction

Anja Seibert-Fohr

in Prosecuting Serious Human Rights Violations

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.003.0001
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

This chapter considers the growing relevance of prosecution in international law and outlines this historical development. With the increased emphasis on criminal matters, a critical question of ... More


Universal Jurisdiction: International and Municipal Legal Perspectives

Luc Reydams

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199274260
eISBN:
9780191719158
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274260.001.0001
Subject:
Law, Private International Law

After centuries of near dormancy, the concept of ‘universal jurisdiction’ has suddenly become an important legal tool in the international campaign against impunity, most prominently in high-profile ... More


Challenges to Civil Rights Guarantees in India

SAHRDC

A.G Noorani (ed.)

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198074144
eISBN:
9780199080823
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198074144.001.0001
Subject:
Law, Human Rights and Immigration

Civil liberty is a complex issue with unchanging fundamentals. Cases that were decided hundreds of years ago yield principles that are still applicable and relevant today. India used to have a rich ... More


Making the International Criminal Court a Global Reality through Cooperation

Theodor Meron

in The Making of International Criminal Justice: The View from the Bench: Selected Speeches

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199608935
eISBN:
9780191729706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199608935.003.0016
Subject:
Law, Human Rights and Immigration, Public International Law

Cooperation is an important aspect of the International Criminal Court's (ICC) task: ‘to put an end to impunity for the perpetrators’ of ‘the most serious crimes of concern to the international ... More


Impunity

A.G. Noorani and South Asia Human Rights Documentation Centre

in Challenges to Civil Rights Guarantees in India

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198074144
eISBN:
9780199080823
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198074144.003.0008
Subject:
Law, Human Rights and Immigration

Although the Indian Constitution protects the rights to life, personal liberty, and freedom from basic human rights violations, widespread impunity exists for police, security, and other government ... More


Getting to a Global Constitution Expanding Human Rights Law: The Application of the No-Impunity Principle to Tax Fraud Offences

Giuliana Ziccardi Capaldo

in The Global Community Yearbook of International Law and Jurisprudence 2017

Published in print:
2018
Published Online:
November 2018
ISBN:
9780190923846
eISBN:
9780190923860
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190923846.003.0001
Subject:
Law, Public International Law

The expansion of the global constitutional principle of no-impunity and its application to serious violations of social and economic rights are part of the process of constitutionalization of global ... More


How Should Responsibility for Regulation Be Allocated?

Kevin E. Davis

in Between Impunity and Imperialism: The Regulation of Transnational Bribery

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190070809
eISBN:
9780190070830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190070809.003.0010
Subject:
Law, Public International Law

The OECD paradigm’s expansive approach to jurisdiction has advantages in terms of effectiveness and legitimacy, but, by inviting multiple enforcement agencies to intervene in individual cases, it ... More


Universal Jurisdiction as Praxis: An Option to Pursue Legal Accountability for Superpower Torturers

Lisa Hajjar

in When Governments Break the Law: The Rule of Law and the Prosecution of the Bush Administration

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814741399
eISBN:
9780814786567
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741399.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter explores universal jurisdiction (UJ) as an avenue for prosecuting Bush administration officials. It begins with an overview of the nineteenth-century origins of the doctrine of UJ and ... More


3 The Architecture of Impunity

Peter Margulies

in Law's Detour: Justice Displaced in the Bush Administration

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814795590
eISBN:
9780814759608
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814795590.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines the Bush administration's efforts to orchestrate impunity—to insulate themselves from the sanctions established under domestic and international law. It first considers the ... More


Afterword

Peter Margulies

in Law's Detour: Justice Displaced in the Bush Administration

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814795590
eISBN:
9780814759608
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814795590.003.0008
Subject:
Law, Constitutional and Administrative Law

This afterword examines the aftereffects of the Bush administration's legal detours. It first considers how the financial crisis of 2008 exposed the Bush administration's neglect of regulation before ... More


The Architecture of Impunity

Peter Margulies

in Law's Detour: Justice Displaced in the Bush Administration

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814795590
eISBN:
9780814759608
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814795590.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines the Bush administration's efforts to orchestrate impunity—to insulate themselves from the sanctions established under domestic and international law. It first considers the ... More


Afterword

Peter Margulies

in Law's Detour: Justice Displaced in the Bush Administration

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814795590
eISBN:
9780814759608
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814795590.003.0008
Subject:
Law, Constitutional and Administrative Law

This afterword examines the aftereffects of the Bush administration's legal detours. It first considers how the financial crisis of 2008 exposed the Bush administration's neglect of regulation before ... More


The Contestation of Value-Based Norms: Confirmation or Erosion of International Law?

Tiyanjana Maluwa

in The International Rule of Law: Rise or Decline?

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198843603
eISBN:
9780191879395
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198843603.003.0020
Subject:
Law, Public International Law

The chapter discusses the concepts of shared values and value-based norms. It examines two areas of international law that provide illustrative examples of contestation of value-based norms: the ... More


The Eye of the Beholder? The Contestation of Values and International Law: Comment on Tiyanjana Maluwa

Andrea Liese and Nina Reiners

in The International Rule of Law: Rise or Decline?

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198843603
eISBN:
9780191879395
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198843603.003.0021
Subject:
Law, Public International Law

The chapter comments on Tiyanjana Maluwa’s analysis of the contestation of value-based norms. It first, referring to the metaphor of the ‘eyes of the beholder’ and the song by Metallica with the same ... More


The Taricco Affair: A Dialogue Between the Deaf and the Dumb. A Proposal to Strengthen Cooperation Between the ECJ and National Courts

Giuliana Ziccardi Capaldo

in The Global Community Yearbook of International Law and Jurisprudence 2018

Published in print:
2019
Published Online:
September 2019
ISBN:
9780190072506
eISBN:
9780190072520
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190072506.003.0001
Subject:
Law, Public International Law

The author addresses “the dialogue between the deaf and the dumb” that occurred between the European Court of Justice (ECJ) and the Italian Constitutional Court (ItCC) regarding the Taricco affair. ... More


Conclusion

Edward Chukwuemeke Okeke

in Jurisdictional Immunities of States and International Organizations

Published in print:
2018
Published Online:
May 2018
ISBN:
9780190611231
eISBN:
9780190611262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190611231.003.0011
Subject:
Law, Public International Law, Legal Profession and Ethics

The conclusion makes the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. ... More


Postcard from the ICTY

Sophie Rigney

in International Law's Objects

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198798200
eISBN:
9780191858642
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198798200.003.0031
Subject:
Law, Public International Law

This chapter examines a postcard, readily available at the International Criminal Tribunal for the Former Yugoslavia (ICTY). It argues that the postcard demonstrates international criminal law’s ... More


Transitional Justice as Liberal Narrative

Ruti G. Teitel

in Globalizing Transitional Justice: Contemporary Essays

Published in print:
2014
Published Online:
May 2014
ISBN:
9780195394948
eISBN:
9780199378777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195394948.003.0006
Subject:
Law, Public International Law

This chapter was written the summer before September 11th for an interdisciplinary art theory conference on transitional justice, which was part of the major contemporary art event Documenta 11. The ... More


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