Transitional Justice and a State’s Response to Mass Atrocity

Reassessing the Obligations to Investigate and Prosecute

Authors: Roberti di Sarsina, Jacopo

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  • A clear-cut legal analysis regarding the debate on a State's obligations to investigate and prosecute serious violations of humanitarian and human rights law in countries in transition
  • Comprehensively analyzes these obligations to investigate and prosecute
  • In a departure from the majority view, it adopts a critical and nuanced approach firmly based on a classic international law methodology
  • Sheds light on the 2016 Colombian Peace Agreement as a potential new paradigm
  • Draws attention to the importance of a multidisciplinary approach squaring international law with international politics
  • Hailed as "rigorous", "solid", of "excellent quality", and "exceptionally well researched"
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Hardcover £109.99
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About this book

This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution.

Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement.

Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials.

Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.

Table of contents (6 chapters)

Table of contents (6 chapters)
  • Introduction

    Pages 1-12

    Roberti di Sarsina, Jacopo

  • The Content of the Obligations to Investigate and Prosecute International Humanitarian Law Violations—The 1949 Geneva Conventions and the Additional Protocols

    Pages 13-48

    Roberti di Sarsina, Jacopo

  • The Content of the Obligations to Investigate and Prosecute International Human Rights Law Violations

    Pages 49-99

    Roberti di Sarsina, Jacopo

  • International Law and Transitional Justice: The Difficulties of Abiding by the Obligations to Investigate and Prosecute in Countries Facing a Transition

    Pages 101-172

    Roberti di Sarsina, Jacopo

  • State’s International Responsibility for Failing to Investigate and Prosecute Mass Atrocities: Are There Techniques Within International Law to Solve the Dilemmas Raised by Transitions?

    Pages 173-230

    Roberti di Sarsina, Jacopo

Buy this book

eBook £87.50
price for United Kingdom (gross)
  • ISBN 978-94-6265-276-7
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover £109.99
price for United Kingdom (gross)
  • ISBN 978-94-6265-275-0
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Transitional Justice and a State’s Response to Mass Atrocity
Book Subtitle
Reassessing the Obligations to Investigate and Prosecute
Authors
Copyright
2019
Publisher
T.M.C. Asser Press
Copyright Holder
T.M.C. Asser Press and the author
eBook ISBN
978-94-6265-276-7
DOI
10.1007/978-94-6265-276-7
Hardcover ISBN
978-94-6265-275-0
Edition Number
1
Number of Pages
XLII, 248
Topics