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Selected Works

Associate Professor Sam Garkawe

2010

Articles 1 - 19 of 19

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The Need For A Federal, Australia-Wide Approach To Issues Concerning Crime Victims (Law), Sam Boris Garkawe, Michael O'Connell Aug 2010

The Need For A Federal, Australia-Wide Approach To Issues Concerning Crime Victims (Law), Sam Boris Garkawe, Michael O'Connell

Associate Professor Sam Garkawe

There are now a number of significant Federal crimes that do involve natural persons as crime victims; there are more international instruments and issues that concern victims; and benefits and support for crime victims have increased, raising important Federal questions where crimes are committed overseas against Australians or where residents of one Australian jurisdiction are victimised in another jurisdiction. It is the major contention of this comment that the proliferation of these issues and others now requires a concerted and coordinated Federal response. During this comment we will identify and explore six important issues concerning crime victims that underlie the …


Victims And The International Criminal Court: Three Major Issues, Sam Garkawe Jul 2010

Victims And The International Criminal Court: Three Major Issues, Sam Garkawe

Associate Professor Sam Garkawe

The Statute of the permanent International Criminal Court (the "ICC") agreed to in Rome in 1998 contains many provisions that deal with the specific concerns and rights of victims and survivors of the international crimes that the ICC will have jurisdiction over. It consolidates the work of the two ad hoc international criminal Tribunals (the former Yugoslavia and Rwanda) in this area, but also further enhances the role and rights of victims in a number of innovative ways. These three international criminal Tribunals thus collectively represent an important step forward in the recognition of the suffering and the position of …


The (Human) Rights Of Crime Victims Do Not Necessarily Infringe The Rights Of Accused And Convicted Persons, Sam Garkawe Jul 2010

The (Human) Rights Of Crime Victims Do Not Necessarily Infringe The Rights Of Accused And Convicted Persons, Sam Garkawe

Associate Professor Sam Garkawe

Conclusion: After examining the background to the crime victims' movement in common law developed nations, this chapter argued that victims' rights are in fact human rights. It provided five arguments in favour of this proposition. Accepting that victims' rights are human rights implies that there is nothing unusual about balancing their rights with other human rights holders, in this case, those of accused and convicted persons. The chapter then examined two types of victims' rights that may affect the rights of accused and convicted persons - protection rights and participation rights. Two examples of each were given, showing how policy-makers …


Amnesty For Truth: A Violation Of Human Rights By South Africa's Truth And Reconciliation Commission?, Sam Garkawe Jul 2010

Amnesty For Truth: A Violation Of Human Rights By South Africa's Truth And Reconciliation Commission?, Sam Garkawe

Associate Professor Sam Garkawe

Papers originally presented at an international conference hosted by The Centre for Law, Politics and Culture at Southern Cross University held at Byron Bay, Australia, in July 2003.


Indigenous Human Rights, Sam Garkawe, Loretta Kelly, Warwick Fisher Jul 2010

Indigenous Human Rights, Sam Garkawe, Loretta Kelly, Warwick Fisher

Associate Professor Sam Garkawe

Indigenous Human Rights is an edited selection of proceedings of the Australian Indigenous Human Rights Conference, organised by members of Southern Cross University in February 2000. The collection covers a range of issues relating to Indigenous human rights including: racial discrimination and 'special measures'; removal of children; law and order; access to the United Nations; and prospects for the use of international law. One of the most important aspects of the book is the range of Indigenous and non-Indigenous contributors from Australia, the Pacific, north America, and Europe.


The Role And Rights Of Victims At The Nuremberg International Military Tribunal, Sam Garkawe Jul 2010

The Role And Rights Of Victims At The Nuremberg International Military Tribunal, Sam Garkawe

Associate Professor Sam Garkawe

Contents: The American perspective on Nuremberg: a case of cascading ironies / Raymond M Brown-- The International Military Tribunal at Nuremberg: British perspectives / David Cesarani-- The French perspective / Hervé Ascensio-- The role of the Soviet Union in the International Military Tribunal at Nuremberg / Michael J Bazyler-- Das internationale militärtribunal von Nürnberg aus deutscher perspektive / Albin Eser-- A Jewish lobby at Nuremberg: Jacob Robinson and the Institute of Jewish Affairs, 1945-46 / Michael R Marrus-- Genocide on trial: law and collective memory / Donald Bloxham-- The role and rights of victims at the Nuremberg International Military Tribunal …


Revisiting The Scope Of Victimology: How Broad A Discipline Should It Be?, Sam Garkawe Jul 2010

Revisiting The Scope Of Victimology: How Broad A Discipline Should It Be?, Sam Garkawe

Associate Professor Sam Garkawe

No abstract provided.


Colin Tatz, With Intent To Destroy: Reflecting On Genocide, Sam Boris Garkawe Jul 2010

Colin Tatz, With Intent To Destroy: Reflecting On Genocide, Sam Boris Garkawe

Associate Professor Sam Garkawe

Professor Colin Tatz has been one ofthe most prominent scholars in the field of the politics of race and genocide, and has dedicated much of his career to 'a profound appreciation of genocide as the ultimate form of racism' (p 14). His most recent book, With Intent To Destroy: Reflecting on Genocide, makes a valuable and impressive contribution to the many debates and issues surrounding the meaning of genocide and its possible applicability to 'advanced' nations traditionally thought to be immune from such accusations. The book draws heavily on previous published articles, papers and speeches by the writer. Within its …


The Proposed Convention On Victims, Sam Garkawe Jul 2010

The Proposed Convention On Victims, Sam Garkawe

Associate Professor Sam Garkawe

No abstract provided.


The Effect Of Victim Impact Statements On Sentencing Decisions, Sam Garkawe Jul 2010

The Effect Of Victim Impact Statements On Sentencing Decisions, Sam Garkawe

Associate Professor Sam Garkawe

Part I: Introduction Since the 1970s Victim Impact Statements (‘VIS’) have been used increasingly in many common law jurisdictions. A VIS is generally a written report submitted to the sentencing authority following a guilty verdict or plea, and prior to the sentencing decision. They may vary in content and form, but are meant to include details of the physical, financial, social and psychological effects on the victim of the crime that is the subject of the sentencing hearing. Victims may prepare the VIS themselves, or they may rely on the help of relatives, friends or victim support staff. Police, prosecutors …


What Makes Governments Pay Up? State-Funded Reparation Schemes For Victims Of Gross Violations Of Human Rights, Sam Garkawe Jul 2010

What Makes Governments Pay Up? State-Funded Reparation Schemes For Victims Of Gross Violations Of Human Rights, Sam Garkawe

Associate Professor Sam Garkawe

No abstract provided.


The International Legal Obligations Of Successor Governments To Provide Financial Compensation To Victims Of Past Gross Violations Of Human Rights, Sam Garkawe Jul 2010

The International Legal Obligations Of Successor Governments To Provide Financial Compensation To Victims Of Past Gross Violations Of Human Rights, Sam Garkawe

Associate Professor Sam Garkawe

No abstract provided.


The Relevance Of Victim Impact Statements To Sentencing Decisions, Sam Garkawe Jul 2010

The Relevance Of Victim Impact Statements To Sentencing Decisions, Sam Garkawe

Associate Professor Sam Garkawe

No abstract provided.


Crime Victims And Prisoners' Rights, Sam Garkawe Jul 2010

Crime Victims And Prisoners' Rights, Sam Garkawe

Associate Professor Sam Garkawe

Summary: "Over the last decade popular cinema has employed a variety of forms of music. These include traditional composed screen music, pre-recorded music tracks, mixes of music and sound effects and various combinations of these. In response to this, film music scholars have developed new ways of understanding and analysing the role of film music in relation to genre, narrative and creative roles and inter-relations in film music scoring. 'Reel Tracks' provides a series of insightful analyses of recent mainstream Australian cinema. Following the editor's careful exploration of film music's relation to national cinema culture and identity, individual chapters offer …


Crime Victims In Adversarial Systems Of Criminal Justice: Possible Lessons For Taiwan From The Australasian Experience, Sam Garkawe Jul 2010

Crime Victims In Adversarial Systems Of Criminal Justice: Possible Lessons For Taiwan From The Australasian Experience, Sam Garkawe

Associate Professor Sam Garkawe

No abstract provided.


Amnesty For Truth: A Violation Of Human Rights By South Africa’S Truth And Reconciliation Commission?, Sam Garkawe Jul 2010

Amnesty For Truth: A Violation Of Human Rights By South Africa’S Truth And Reconciliation Commission?, Sam Garkawe

Associate Professor Sam Garkawe

No abstract provided.


Compensating Victims Of Terrorism, Sam Garkawe Jul 2010

Compensating Victims Of Terrorism, Sam Garkawe

Associate Professor Sam Garkawe

No abstract provided.


Victims Rights Are Human Rights, Sam Garkawe Jul 2010

Victims Rights Are Human Rights, Sam Garkawe

Associate Professor Sam Garkawe

Presentation to the 20th anniversary celebration of the 1985 UN Victims Declaration, held in Canberra on 16 November 2005. INTRODUCTION I first would like to thank the joint organisers of this Conference, the ACT Victims of Crime Coordinator and the ACT Human Rights Office, for inviting me to this Conference that brings together the disciplines of human rights and what is known as victimology, the study of victims. I have always been interested in and have taught both these subjects for quite some time now. At first glance one would think there is much common ground between the disciplines. Victimology …


Accountability Mechanisms For The Gross Violations Of Human Rights In East Timor: A Critical Analysis, Sam Garkawe Jul 2010

Accountability Mechanisms For The Gross Violations Of Human Rights In East Timor: A Critical Analysis, Sam Garkawe

Associate Professor Sam Garkawe

No abstract provided.