| Description |
1 online resource |
| Series |
Transitional justice |
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Transitional justice.
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| Contents |
Cover; Title Page; Copyright Page; Table of Contents; Acknowledgments; Table of cases; Table of international instruments and treaties; Abbreviations; 1 The concept of the civilian: war, law and post-conflict justice; Civilians in war and law; The conceptual framework: transitional justice and socio-legal scholarship; Transitional justice scholarship; Transitional justice practices; Retributive justice; Restorative justice; Socio-legal scholarship; Analysis of the constitutive role of legal mechanisms of transitional justice; The legal shaping of the civilian |
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Collective victimization and victimized collectivitiesMechanisms of transitional justice and representative practices; Structure of the book; 2 The enforcement of civilian protections: the International Criminal Tribunal for the former Yugoslavia; The ICTY: a mechanism of international criminal justice and transitional justice practices; The ICTY: key 'sites', practices and perceptions; The Commission of Experts; Mandate and jurisdiction; Investigation and prosecution strategy; Trial proceedings; Public perceptions of the ICTY; Conclusion |
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3 Laws of protection? The historical emergence of the concept of the civilianDefinition of international humanitarian law; The emergence of the concept of the civilian in law; The enforcement of the protective rules of humanitarian law: the Tadic ́ case and the status of civilians as 'protected persons'; The Trial Chamber's judgement; The Appeals judgement; Conclusion: the changing status of civilians as 'protected persons'; 4 Patterns of prosecution: unlawful victimization, its victims and their visibility at the ICTY; Sites of visibility and invisibility: civilian and military victims |
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Patterns of victimization: the Bassiouni ReportPatterns of prosecution: the legal representation of civilian and military victims; Background to methodological approach; Analysis of the criminal prosecutions heard by the ICTY; Conclusion: civilian victims, military fighters; 5 The adjudication of civilian identities: legal recognition, participation and trial proceedings; The legal (non)-definition of a civilian; The siege of Sarajevo and the D. Miloševic ́ case; Charging 'terror' against a civilian population; Civilian victims on trial: the adjudication of identity, status and protection |
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The victim-witnessesThe Prosecution; The Defence; The Trial Chamber; Conclusion: the legal construction of civilian status; 6 Recognizing all? The collective victimization of a civilian population; The populace of Sarajevo; Collective civilian victimization in war; Collective civilian victimization in law; Civilians as a legal group; Civilians as a social group; Civilian-civilian and civilian-military relations; 'Our men and those others'; 'Our population'; The actions of the perpetrators; The Trial Chamber's judgement of social and legal relations |
| Summary |
"How do international war crimes trials address and redress the civilian victims of armed conflict? The Concept of the Civilian examines how the processes of international criminal justice construct legal recognition of the civilian victims of contemporary armed conflicts. Drawing on a detailed case-study of the International Criminal Tribunal for the former Yugoslavia (ICTY), this book examines two key issues central to these justice processes. Firstly, how civilians are understood as a social and legal category of persons; and secondly, how legal practices shape victim identities and redress in relation to these persons. Combining socio-legal concepts and methodologies with insights from transitional justice scholarship, Claire Garbett thus traces the historical emergence of the concept of the civilian, and critically examines how the different stages of legal proceedings produce its conceptual form in distinction from that of combatants. This book shows that the very notions of 'civilian', 'protection' and 'redress' that underpin current practices of international criminal justice continue to evoke both definitional difficulties and analytic contestation. Accordingly, it remains unclear how the practices of international criminal justice work to address and redress the civilian victims of contemporary armed conflicts."-- Provided by publisher |
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"The Concept of the Civilian: Legal Recognition, Adjudication and the Trials of International Criminal Justice offers a critical account of the legal shaping of civilian identities by the processes of international criminal justice. It draws on a detailed case-study of the International Criminal Tribunal for the former Yugoslavia to explore two key issues central to these justice processes: firstly, how to understand civilians as a social and legal category of persons and secondly, how legal practices shape victims' identities and redress in relation to these persons. Integrating socio-legal concepts and methodologies with insights from transitional justice scholarship, Claire Garbett traces the historical emergence of the concept of the civilian, and critically examines how the different stages of legal proceedings produce its conceptual form in distinction from that of combatants. This book shows that the very notions of civilian protection and redress that underpin current practices of international criminal justice continue to evoke both definitional difficulties and analytic contestation"-- Provided by publisher |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Online resource; title from PDF title page (EBSCO, viewed January 15, 2015) |
| Subject |
Combatants and noncombatants (International law)
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War -- Protection of civilians.
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War victims -- Legal status, laws, etc.
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Civilians in war.
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Civilian war casualties.
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War crime trials.
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International criminal courts.
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War (International law)
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LAW -- International.
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Civilian war casualties
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Civilians in war
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Combatants and noncombatants (International law)
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International criminal courts
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War crime trials
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War (International law)
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War -- Protection of civilians
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War victims -- Legal status, laws, etc.
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| Form |
Electronic book
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| ISBN |
9781136006241 |
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1136006249 |
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0415661692 |
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9780415661690 |
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9780203798454 |
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0203798457 |
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