Introduction: Death Penalty And International Law, Davison M. Douglas
Sep 2019
Introduction: Death Penalty And International Law, Davison M. Douglas
Davison M. Douglas
No abstract provided.
What Are Transitions For? Atrocity, International Criminal Justice, And The Political, Paulo Barrozo
Dec 2014
What Are Transitions For? Atrocity, International Criminal Justice, And The Political, Paulo Barrozo
Paulo Barrozo
This essay offers an answer to the question of what societies afflicted by atrocities ought to transition into. The answer offered is able to better direct the evaluation of previous models and the design of new models of transitional justice. Into what, then, should transitional justice transition? I argue in this essay that transitional justice should be a transition into the political, understood in its robust liberalism version. I further argue that the most significant part of transitions ought to happen in the minds of the members of political communities, precisely where the less tangible and yet most important dimension …
Integrating Victims' Rights In The Indian Legal Framework, Saumya Uma
Dec 2012
Integrating Victims' Rights In The Indian Legal Framework, Saumya Uma
Dr. Saumya Uma
The article advocates an integration of victims' rights within the Indian legal framework, to be balanced with the rights of the accused and standards of fair trial.
In the first part, the article discusses international norms and standards related to three aspects of victims' rights: protection, participation and reparations.
In the second part, the article discusses existing statutory law, judicial interpretations and recommendations / reports / policies for law reform in India, with regard to each of the three aspects of victims' rights.
The third part of the article discusses the challenges faced when integrating a victims' perspective within the …
War Crimes Trials -- Not A Good Idea, Herman Schwartz
Oct 2012
War Crimes Trials -- Not A Good Idea, Herman Schwartz
Herman Schwartz
No abstract provided.
The Communal Violence Bill: Countering Impunity, Seeking Accountability, Saumya Uma
May 2011
The Communal Violence Bill: Countering Impunity, Seeking Accountability, Saumya Uma
Dr. Saumya Uma
The article is a critique of Prevention of Communal and Targetted Violence (Access to Justice and Reparations) Bill 2011, using the standards of Indian and international jurisprudence, with an incorporation of human rights and gender perspectives.
Waiting For Justice
Dec 2010
Waiting For Justice
Dr. Saumya Uma
Kandhamal district of the state of Odisha in India, was the site of targeted violence against Christian dalits and adivasis in December 2007 and August 2008. This publication is a report of the National People's Tribunal on Kandhamal, held in New Delhi on 22-24 August 2010. The report documents the testimonies of 45 victims, survivors and their representatives, 15 expert testimonies of reports of field surveys, research and fact-finding, as well as statements to the Tribunal. It was organized by the National Solidarity Forum - a countrywide solidarity platform of concerned social activists, media persons, researchers, legal experts, film makers, …
Repressive Laws In India, Saumya Uma
May 2009
Repressive Laws In India, Saumya Uma
Dr. Saumya Uma
The ‘repressive laws’ chapter focuses on typical characteristics of repressive laws, laws related to preventive detention, anti-terror laws, security and other stringent laws, and highlights (but does not discuss) other repressive laws and policies. A discussion on campaigns on repressive laws and the role of the judiciary, dealt with in this chapter, is intended to give the readers a feel of the ground realities, and the challenges faced by civil society with regard to such laws and their negative impact on human rights. While arguing that draconian / stringent laws negatively impact the enjoyment of human rights both through objectionable …
People's Tribunal On Torture Karnataka Report, Saumya Uma
Jul 2008
People's Tribunal On Torture Karnataka Report, Saumya Uma
Dr. Saumya Uma
This is the interim report of the jury of the People's Tribunal on Torture, held in Bangalore, Karnataka. The Tribunal heard about 98 cases of custodial torture through the testimonies of victims / victim-survivors and / or their family members.
People's Tribunal On Torture Rajasthan Report, Saumya Uma
Jun 2008
People's Tribunal On Torture Rajasthan Report, Saumya Uma
Dr. Saumya Uma
This is the interim report of the jury of the People's Tribunal on Torture, held in Ajmer, Rajasthan. The Tribunal heard more than 50 cases of custodial torture through the testimonies of victims / victim-survivors and / or their family members.
People's Tribunal On Torture Tamil Nadu Report, Saumya Uma
Jun 2008
People's Tribunal On Torture Tamil Nadu Report, Saumya Uma
Dr. Saumya Uma
This is the interim report of the jury of the People's Tribunal on Torture, held in Tamil Nadu. The Tribunal heard more than 250 cases of custodial torture through the testimonies of victims / victim-survivors and / or their family members.
Communal Crimes Bill, Saumya Uma
Dec 2007
Communal Crimes Bill, Saumya Uma
Dr. Saumya Uma
This is an alternative draft law on communal violence, drafted by a section of civil society, and submitted to the Indian government in January 2008. It incorporates concepts and standards from international law, and formulates new crimes as well as standards of evidence and procedure.