The Accusation Model Before the International Criminal Court Study of Convergence of Criminal Justice Systems

Politics, Sociology

The Accusation Model Before the International Criminal Court: Study of Convergence of Criminal Justice Systems
Mary Fay, “Unveiling the Harem: Elite Women and the Paradox of Seclusion in Eighteenth-Century Cairo”
Evelyn A. Alsultany, Ella H. Shohat, “Between the Middle East and the Americas: The Cultural Politics of Diaspora”
Dani Filc, Quentin Young, “Circles of Exclusion: The Politics of Health Care in Israel”
Sherine Hafez, Susan Slyomovics, “Anthropology of the Middle East and North Africa: Into the New Millennium”

The Accusation Model Before the International Criminal Court: Study of Convergence of Criminal Justice Systems

2015 | 421 Pages | ISBN: 3319176250 | PDF | 4.1 MB

This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland.? The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor’s independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor’s discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor’s choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?

Mary Fay, “Unveiling the Harem: Elite Women and the Paradox of Seclusion in Eighteenth-Century Cairo”

English | ISBN: 0815632932 | 2012 | 354 pages | PDF | 4 MB

There is a long history in the West of representing Middle Eastern women as uniformly oppressed by Islam, by Islamic law, and by men. Stereotypical views of Middle Eastern women today maintain that they are without legal rights, do not attend universities or have jobs outside their homes, and are not full citizens of their countries because they cannot vote or hold public office. Similar misinformation circulated in the eighteenth century when European male travelers to Egypt, documenting their observations, depicted harem women as sexual objects, deprived of autonomy, and held captive by their husbands. Fay’s Unveiling the Harem offers a persuasive corrective to this distorted view of Middle Eastern women.
Instead of the odalisque of nineteenth-century painting and the fevered imaginings of European travelers, historical research reveals that elite women in powerful, wealthy households exercised their rights under Islamic law, property rights in particular, to become owners of lucrative real estate in Cairo as well as influential members of their families and the wider society. One such woman, Sitt Nafisa, who was literate in several languages, commissioned a public water fountain and a Qur’ anic school that still stands today. She played a pivotal role as the intermediary between French officials and her husband, who was leading the revolt against the French from Upper Egypt. Based on documents from various archives in Cairo, including records of women’ s property ownership, repeated visits to eighteenth-century palaces and their family quarters, and textual reconstructions of the elite residential neighborhoods of the city, Unveiling the Harem presents a lucid and historically grounded portrait of Egyptian women, stripped of the powerless victim narrative that is still with us today.

Evelyn A. Alsultany, Ella H. Shohat, “Between the Middle East and the Americas: The Cultural Politics of Diaspora”

English | ISBN: 0472099442, 0472069446 | 2013 | 347 pages | PDF | 2 MB

Between the Middle East and the Americas: The Cultural Politics of Diaspora traces the production and circulation of discourses about “the Middle East” across various cultural sites, against the historical backdrop of cross-Atlantic Mahjar flows. The book highlights the fraught and ambivalent situation of Arabs/Muslims in the Americas, where they are at once celebrated and demonized, integrated and marginalized, simultaneously invisible and spectacularly visible. The essays cover such themes as Arab hip-hop’s transnational imaginary; gender/sexuality and the Muslim digital diaspora; patriotic drama and the media’s War on Terror; the global negotiation of the Prophet Mohammad cartoons controversy; the Latin American paradoxes of Turcophobia/Turcophilia; the ambiguities of the bellydancing fad; French and American commodification of Rumi spirituality; the reception of Iranian memoirs as cultural domestication; and the politics of translation of Turkish novels into English. Taken together, the essays analyze the hegemonic discourses that position “the Middle East” as a consumable exoticized object, while also developing complex understandings of self-representation in literature, cinema/TV, music, performance, visual culture, and digital spaces. Charting the shifting significations of differing and overlapping forms of Orientalism, the volume addresses Middle Eastern diasporic practices from a transnational perspective that brings postcolonial cultural studies methods to bear on Arab American studies, Middle Eastern studies, and Latin American studies. Between the Middle East and the Americas disentangles the conventional separation of regions, moving beyond the binarist notion of “here” and “there” to imaginatively reveal the thorough interconnectedness of cultural geographies.

Dani Filc, Quentin Young, “Circles of Exclusion: The Politics of Health Care in Israel”

English | ISBN: 080144795X | 2009 | 207 pages | PDF | 1 MB

In its early years, Israel’s dominant ideology led to public provision of health care for all Jewish citizens-regardless of their age, income, or ability to pay. However, the system has shifted in recent decades, becoming increasingly privatized and market-based. In a familiar paradox, the wealthy, the young, and the healthy have relatively easy access to health care, and the poor, the old, and the very sick confront increasing obstacles to medical treatment.
In Circles of Exclusion, Dani Filc, both a physician and a human rights activist, forcefully argues that in present-day Israel, equal access to health care is constantly and systematically thwarted by a regime that does not extend an equal level of commitment to the well-being of all residents of Israel, whether Jewish, Israeli Palestinians, migrant workers, or Palestinians in the Occupied Territories. Filc explores how Israel’s adoption of a neoliberal model has pushed the system in a direction that gives priority to the strongest and richest individuals and groups over the needs of society as a whole, and to profit and competition over care.

Filc pays special attention to the repercussions of policies that define citizenship in a way that has serious consequences for the health of groups of Palestinians who are Israeli citizens-particularly the Bedouins in the unrecognized villages-and to the ways in which this structure of citizenship affects the health of migrant workers. The health care situation is even more dire in the Occupied Territories, where the Occupation, especially in the last two decades, has negatively affected access to medical care and the health of Palestinians. Filc concludes his book with a discussion of how human rights, public health, and economic imperatives can be combined to produce a truly equal health care system that provides high-quality services to all Israelis.

Sherine Hafez, Susan Slyomovics, “Anthropology of the Middle East and North Africa: Into the New Millennium”

English | ISBN: 0253007461 | 2013 | 415 pages | PDF | 2 MB

The waves of change sweeping the MENA compel social scientists and anthropologists in particular to move beyond local specificities and images of ‘untouched’ communities or Middle East exceptionalism to consider wider patterns of social and cultural change…. [The essays in this volume] reflect a commitment to ethnographic research informed by current discussions about the field of Middle East anthropology. All attempt to take stock of what anthropologists have and have not accomplished in their attempt to understand this region.from the foreword