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Full-Text Articles in Law
The Role Of Abolitionist Nations In Stopping The Use Of The Death Penalty In Asia: The Case Of Australia, Sam Garkawe
The Role Of Abolitionist Nations In Stopping The Use Of The Death Penalty In Asia: The Case Of Australia, Sam Garkawe
Associate Professor Sam Garkawe
No abstract provided.
A Democracy's Rite Of Passage: Confronting The Ghosts Of Its Past, Matthew Deighton, Sam Garkawe
A Democracy's Rite Of Passage: Confronting The Ghosts Of Its Past, Matthew Deighton, Sam Garkawe
Associate Professor Sam Garkawe
Waning international pressure on the military led State Peace and Development Council (SPDC) of Burma to recognise the results of the 1990 election or to expedite transition to democracy by holding fresh elections - if Burma ever returns to a form of democratic rule, the new government would be faced with the issue of how to deal with the human rights abuses committed under the SPDC - whether to prosecute those involved in mass human rights abuses or whether to grant amnesty - no one 'right' approach and the way a nascent democracy deals with its past will depend on …
Legislation In Support Of Crime Victims: The Australasian Experience, Sam Garkawe
Legislation In Support Of Crime Victims: The Australasian Experience, Sam Garkawe
Associate Professor Sam Garkawe
No abstract provided.
Victims And Criminal Justice, Mark Israel, Sam Garkawe
Victims And Criminal Justice, Mark Israel, Sam Garkawe
Associate Professor Sam Garkawe
No abstract provided.
Have Recent Changes Designed To Benefit Victims Of International Crimes Added To The Legitimacy Of International Criminal Justice?, Sam Garkawe
Associate Professor Sam Garkawe
No abstract provided.
The South African Truth And Reconciliation Commission: A Suitable Model To Enhance The Role And Rights Of Victims Of Gross Violations Of Human Rights?, Sam Garkawe
Associate Professor Sam Garkawe
The South African Truth and Reconciliation Commission is one of the most talked about innovative, but also highly controversial mechanisms used by a state 'in transition' to provide a form of accountability for its past perpetrators of human rights abuses. This article will, from the perspective of the victims of repression, critically analyse the benefits and drawbacks of the TRC's three primary processes - the amnesty hearing, the victims' hearings and the formulation of its policies on rehabilitation and reparation. This analysis provides some important lessons and recommendations for how the establishment and implementation of future truth commissions can maximise …
Victim Impact Statements And Sentencing, Sam Garkawe
Victim Impact Statements And Sentencing, Sam Garkawe
Associate Professor Sam Garkawe
Legislation allowing for victim impact statements ('VIS') to be presented during sentencing hearings has been introduced into the criminal justice systems of most common law nations, notwithstanding many reservations from defence lawyers and civil libertarians. Despite such legislation being widespread throughout the common law world, the use of VIS remains controversial. The main purpose of this article is to utilise basic sentencing principles in order to critically analyse the question of whether, and if so, to what extent, VIS are relevant to an offender's sentence. In such cases adequate procedural safeguards need to be instituted to ensure that offender's rights …
Victims At The Icc And The Nuremberg Trials, Sam Garkawe
Victims At The Icc And The Nuremberg Trials, Sam Garkawe
Associate Professor Sam Garkawe
No abstract provided.
Relocation Disputes- Has Anything Changed? In The Matter Of B And B: Family Law Reform Act 1995, Sam Garkawe
Relocation Disputes- Has Anything Changed? In The Matter Of B And B: Family Law Reform Act 1995, Sam Garkawe
Associate Professor Sam Garkawe
No abstract provided.
Restorative Justice From The Perspective Of Crime Victims, Sam Garkawe
Restorative Justice From The Perspective Of Crime Victims, Sam Garkawe
Associate Professor Sam Garkawe
Recent trend in common law legal systems to establish restorative justice programs - usually involves offenders and victims meeting and reaching an agreement for the offender to repair damage caused to the victim - enables victims to have a direct role in dealing with the crime committed against them.
Australia's Response To The Death Penalty In Asia, Sam B Garkawe
Australia's Response To The Death Penalty In Asia, Sam B Garkawe
Associate Professor Sam Garkawe
No abstract provided.
Victims And The International Criminal Court: Three Major Issues, Sam Garkawe
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
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
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
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
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
Revisiting The Scope Of Victimology: How Broad A Discipline Should It Be?, Sam Garkawe
Associate Professor Sam Garkawe
No abstract provided.
The Proposed Convention On Victims, Sam Garkawe
The Proposed Convention On Victims, Sam Garkawe
Associate Professor Sam Garkawe
No abstract provided.
What Makes Governments Pay Up? State-Funded Reparation Schemes For Victims Of Gross Violations Of Human Rights, Sam Garkawe
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
Associate Professor Sam Garkawe
No abstract provided.
The Relevance Of Victim Impact Statements To Sentencing Decisions, Sam Garkawe
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
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
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
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
Compensating Victims Of Terrorism, Sam Garkawe
Associate Professor Sam Garkawe
No abstract provided.
Victims Rights Are Human Rights, Sam Garkawe
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
Accountability Mechanisms For The Gross Violations Of Human Rights In East Timor: A Critical Analysis, Sam Garkawe
Associate Professor Sam Garkawe
No abstract provided.