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This book situates the war in Syria within the actual and imagined system of international criminal justice. It explores the legal impediments and diplomatic challenges that have led to the fatal trinity affecting Syria: the massive commission of international crimes that are subject to detailed investigations and documentation but whose perpetrators have enjoyed virtually complete impunity. Given this tragic state of affairs, the book tracks a number of accountability solutions being explored within multilateral initiatives and by civil society actors, including innovations of institutional design; the renewed utility of a range of domestic jurisdictional principles (including the revival of universal jurisdiction in Europe); the emergence of creative investigative and documentation techniques, technologies, and organizations; and the rejection of state consent as a precondition for the exercise of jurisdiction.Engaging both law and policy around international justice, the text offers a set of justice blueprints, within and without the International Criminal Court. It also considers the utility, propriety, and practicality of pursuing a transitional justice program without a genuine political transition. All told, the book attempts to capture results of the creative energy radiating from members of the international community intent on advancing the accountability norm in Syria even in the face of geopolitical blockages within the U.N. Security Council. In so doing, it presents the range of juridical measures-both criminal and civil - that would be available to the international community to respond to the crisis, if only the political will existed.
This book investigates the legal and diplomatic mechanisms available to pursue accountability for international crimes in Syria despite persistent geopolitical blockages within the United Nations Security Council. Beth Van Schaack, a scholar and practitioner in international criminal law, utilizes her expertise to analyze the intersection of legal theory and real-world policy. She examines the failure of traditional international justice systems and proposes alternative blueprints for accountability that operate independently of state consent or Security Council approval.
What You Will Find
Scope Limits
Experts recognize this work as a rigorous examination of the limitations and possibilities of international law in the context of modern conflict. Readers frequently note the academic density of the prose, which serves as a comprehensive resource for legal scholars and policy practitioners interested in transitional justice.
Page Count:
496
Publication Date:
2020-11-30
Publisher:
Oxford University Press
ISBN-10:
0190055960
ISBN-13:
9780190055967
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