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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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The Concept of the Civilian: Legal Recognition, Adjudication and the Trials of International Criminal Justice

ISBN13: 9780415661690
Published: January 2015
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781138211292

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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.

International Criminal Law
Introduction: The Concept of the Civilian: War, Law and Post-Conflict Justice
1. The International Community and the Civilian Victims of Armed Conflict
2. Laws of Protection? The Historical Emergence of the Concept of the Civilian
3. Patterns of Prosecution: Unlawful Victimisation, Victims and their Visibility at the ICTY
4. The Adjudication of Victim Identities: Legal Recognition, Participation and Trials at the ICTY
5. Recognising Civilian Collectivities: The Judgement of Dragomir Milosević and the Siege of Sarajevo
Conclusion: International Criminal Trials: Civilian Subjects, Participatory Practices and Progressive Futures