More Details

Summary:

"How do international war crimes trials address and redress the civilian victims of armed conflict? The Concept of the Civilian examines how the processes of international criminal justice construct legal recognition of the civilian victims of contemporary armed conflicts. Drawing on a detailed case-study of the International Criminal Tribunal for the former Yugoslavia (ICTY), this book examines two key issues central to these justice processes. Firstly, how civilians are understood as a social and legal category of persons; and secondly, how legal practices shape victim identities and redress in relation to these persons. Combining socio-legal concepts and methodologies with insights from transitional justice scholarship, Claire Garbett thus traces the historical emergence of the concept of the civilian, and critically examines how the different stages of legal proceedings produce its conceptual form in distinction from that of combatants. This book shows that the very notions of 'civilian', 'protection' and 'redress' that underpin current practices of international criminal justice continue to evoke both definitional difficulties and analytic contestation. Accordingly, it remains unclear how the practices of international criminal justice work to address and redress the civilian victims of contemporary armed conflicts. "-- [Provided by publisher]
"The Concept of the Civilian: Legal Recognition, Adjudication and the Trials of International Criminal Justice offers a critical account of the legal shaping of civilian identities by the processes of international criminal justice. It draws on a detailed case-study of the International Criminal Tribunal for the former Yugoslavia to explore two key issues central to these justice processes: firstly, how to understand civilians as a social and legal category of persons and secondly, how legal practices shape victims' identities and redress in relation to these persons. Integrating socio-legal concepts and methodologies with insights from transitional justice scholarship, Claire Garbett traces the historical emergence of the concept of the civilian, and critically examines how the different stages of legal proceedings produce its conceptual form in distinction from that of combatants. This book shows that the very notions of civilian protection and redress that underpin current practices of international criminal justice continue to evoke both definitional difficulties and analytic contestation"-- [Provided by publisher]

Table of Contents:

• Machine generated contents note: 1. concept of the civilian: war, law and post-conflict justice
• Civilians in war and law
• conceptual framework: transitional justice and socio-legal scholarship
• Transitional justice scholarship
• Transitional justice practices
• Retributive justice
• Restorative justice
• Socio-legal scholarship
• Analysis of the constitutive role of legal mechanisms of transitional justice
• legal shaping of the civilian
• Collective victimization and victimized collectivities
• Mechanisms of transitional justice and representative practices
• Structure of the book
• 2. enforcement of civilian protections: the International Criminal Tribunal for the former Yugoslavia
• ICTY: a mechanism of international criminal justice and transitional justice practices
• ICTY: key 'sites', practices and perceptions
• Commission of Experts
• Mandate and jurisdiction
• Investigation and prosecution strategy
• Trial proceedings

• Public perceptions of the ICTY
• Conclusion
• 3. Laws of protection? The historical emergence of the concept of the civilian
• Definition of international humanitarian law
• emergence of the concept of the civilian in law
• enforcement of the protective rules of humanitarian law: the Tadic case and the status of civilians as 'protected persons'
• Trial Chamber's judgement
• Appeals judgement
• Conclusion: the changing status of civilians as 'protected persons'
• 4. Patterns of prosecution: unlawful victimization, its victims and their visibility at the ICTY
• Sites of visibility and invisibility: civilian and military victims
• Patterns of victimization: the Bassiouni Report
• Patterns of prosecution: the legal representation of civilian and military victims
• Background to methodological approach
• Analysis of the criminal prosecutions heard by the ICTY
• Conclusion: civilian victims, military fighters
• 5. adjudication of civilian identities: legal recognition, participation and trial proceedings
• legal (non)-definition of a civilian
• siege of Sarajevo and the D. Milosevic case
• Charging 'terror' against a civilian population
• Civilian victims on trial: the adjudication of identity, status and protection
• victim-witnesses
• Prosecution
• Defence
• Trial Chamber
• Conclusion: the legal construction of civilian status
• 6. Recognizing all? The collective victimization of a civilian population
• populace of Sarajevo
• Collective civilian victimization in war
• Collective civilian victimization in law
• Civilians as a legal group
• Civilians as a social group
• Civilian
• -civilian and civilian
• -military relations
• 'Our men and those others'
• 'Our population'
• actions of the perpetrators
• Trial Chamber's judgement of social and legal relations
• Conclusion: the difficulties of the construction of legal recognition of civilians and civilian populations
• 7. International criminal trials: civilian subjects, legal practices and progressive futures
• Humanitarian law and the concept of the civilian
• Arguments of the book
• Civilians and international criminal trials: new definitions, rules and practices
• Redefining the concept of the civilian
• Progressive futures: rethinking the relations between persons, law and transitional justice.

View 46 more lines View less

Author/Creator:

Garbett, Claire , author

Languages:

English

Language Notes:

Item content: English

Main Work:

The concept of the civilian: legal recognition, adjudication, and the trials of international criminal justice [by Garbett, C.]

Other Related Resources:

Print version: Concept of the Civilian : Legal Recognition, Adjudication and the Trials of International Criminal Justice [by Garbett, C.] (Hoboken : Taylor and Francis, ©2015 — ISBN 9780415661690)

Related Series:

Transitional justice

Subjects:

Combatants and noncombatants (International law)

War — Protection of civilians

War victims — Legal status, laws, etc.

Civilians in war

Civilian war casualties

War crime trials

International criminal courts

War (International law)

General Notes:

Includes bibliographical references and index.
Electronic reproduction. Ipswich, MA Available via World Wide Web.
Description based on: Online resource; title from PDF title page (EBSCO, viewed January 15, 2015).

Physical Description:

1 online resource.

Call Numbers:

KZ6515 .G37 2015

ISBNs:

9781136006241
1136006249
9780415661690 [Invalid]

OCLC Numbers:

900158084

Other Control Numbers:

939448 (source: EbpS)
[Unknown Type]: ybp12241745