Luke Moffett

Bio: Luke Moffett is an academic researcher from Queen's University Belfast. The author has contributed to research in topics: Human rights & Transitional justice. The author has an hindex of 10, co-authored 55 publications receiving 377 citations. Previous affiliations of Luke Moffett include Mitchell Institute.

Justice for Victims before the International Criminal Court

Abstract: Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.

Reparations for ‘Guilty Victims’: Navigating Complex Identities of Victim–Perpetrators in Reparation Mechanisms

Abstract: Reparations are often declared victim-centred, but in transitional societies defining who is a victim and eligible for reparations can be politically charged and controversial. The messy reality of conflict means that perpetrators and victims do not always fall into two separate categories. In certain circumstances, perpetrators can be victimized and victims can be responsible for victimizing others – this article explores these complex victims. Looking in particular at the 1993 Shankill bombing in Northern Ireland, as well as at Colombia and Peru, such victims are often seen as ‘guilty’ or ‘bad’ victims undeserving of reparations. I argue that complex victims need to be included in reparation mechanisms to ensure accountability and to prevent their exclusion becoming a source of victimization and future violence. I consider the alternative avenues of human rights courts, development aid, services and community reparations to navigate complex identities of victim–perpetrators. I conclude that complex identities can be accommodated in transitional societies’ reparation programmes through nuanced rules of eligibility and forms of reparations.

Elaborating Justice for Victims at the International Criminal Court: Beyond Rhetoric and the Hague

Abstract: Justice for victims has often been invoked as the raison d’etre of international criminal justice, by punishing perpetrators of international crimes. This article attempts to provide a more holistic account of justice for victims by examining victims’ needs, interests, and rights. The International Criminal Court itself includes participation, protection and reparation for victims, indicating they are important stakeholders. This article also suggests that victims are integral to the purpose of the ICC in ending impunity by ensuring transparency of proceedings. However, there are limits to the resources and capacity of the ICC, which can only investigate and prosecute selected crimes. To overcome this justice gap, this article directs the debate towards a victim-orientated agenda to complementarity, where state parties and the Assembly of State Parties should play a greater role in implementing justice for victims domestically. This victim-orientated complementarity approach can be achieved through new ASP guidelines on complementarity, expanding universal jurisdiction, or seeking enforcement and cooperation through regional and international bodies and courts, such as Universal Periodic Review or the African Court’s International Criminal Law Section. In the end, if we are serious about delivering justice for victims we need to move beyond the rhetoric, with realistic expectations of what the ICC can achieve, and concentrate our attention to what states should be doing to end impunity.

Meaningful and Effective? Considering Victims’ Interests Through Participation at the International Criminal Court

Abstract: This article explores the role of victims in the criminal proceedings of the International Criminal Court and the extent to which their interests have impacted upon the ICC judges’ decision making in light of human rights law and victimological theorisation. The article begins by first outlining how victims’ interests can be considered in international criminal proceedings, before contrasting this role with the purpose of international criminal justice. The second part of the article examines victim participation within the ICC and how this has affected judicial decision making to assess its effectiveness. The contest between the rights of victims and the role of Prosecutor in determining the selection of charges and perpetrators is also examined in an effort to add to the current debate on victim participation at the ICC. The author finds that at the ICC, despite innovative victim provisions, victims’ interests have little impact on outcomes of the Court. The author argues that in order to ensure the Court is more responsive to victims understanding of justice it should give greater weight to their interests, which in turn is likely to improve their satisfaction with the ICC, as well as public confidence and legitimacy of the work of the Court.

Reparative complementarity: ensuring an effective remedy for victims in the reparation regime of the International Criminal Court

Abstract: This article examines the reparation regime of the International Criminal Court in light of its first reparation decision. Based on the reparation jurisprudence established in international law and human rights law to provide victims of international crimes an effective remedy, this article suggests that in order for the International Criminal Court to achieve this objective it needs to go beyond individual criminal responsibility due to its limitations. This article considers the role of reparative complementarity in ensuring an effective remedy to victims of international crimes as part of the reparation regime of the International Criminal Court.

A matter of principle.

Abstract: Inevitably, reading is one of the requirements to be undergone. To improve the performance and quality, someone needs to have something new every day. It will suggest you to have more inspirations, then. However, the needs of inspirations will make you searching for some sources. Even from the other people experience, internet, and many books. Books and internet are the recommended media to help you improving your quality and performance.

Convention On The Prevention And Punishment Of The Crime Of Genocide

Abstract: In its hundred and seventy-ninth plenary meeting held on 9 December 1948, the General Assembly approved the Convention on the Prevention and Punishment of the Crime of Genocide and proposed it for signature and ratification or accession in accordance with its article XI. This chapter contains the text of the Convention. The General Assembly also invited the International Law Commission to study the desirability and possibility of establishing an international judicial organ for the trial of persons charged with genocide or other crimes over which jurisdiction will be conferred upon that organ by international conventions.Keywords: genocide convention; International Law Commission; prevention and punishment of crime; United Nations General Assembly

Dodd-Frank Wall Street reform and consumer protection act

Abstract: Loi pour coordonner les activites des differentes autorites responsables de la surveillance des services financiers aux Etats-Unis

Slavery: annual bibliographical supplement (2018)

Abstract: For 2018 the bibliography continues its coverage of secondary writings published since 1900 in western European languages on slavery or the slave trade anywhere in the world: monographs, notes and ...