Highlights

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And I Live On
Anne-Marie de Brouwer, Sandra Ka Hon Chu, Eef je de Volder & Samer Muscati


In the 100 days of genocide that ravaged the small East Central African nation of Rwanda between April and July 1994, approximately 1 million Tutsi and moderate Hutu were killed, and an estimated 250,000 to 500,000 women and girls were raped, as well as an unknown number of men and boys. Almost all Rwandan women who survived the genocide were victims of sexual violence or were profoundly affected by it, and an astounding 70 per cent of survivors are living with hiv. And I Live On features searing testimonials from Rwandan survivors of the genocide15 and 25 years after the horrific events of 1994. Through their narratives and Samer Muscati’s powerful portraits, these women and one man bear witness to the crimes committed in their country and to the suffering they continue to endure. The testimonials also showcase the survivors’ extraordinary strength, courage and resilience—challenging the stigma they face both as survivors of sexual violence and as people living with hiv. In speaking out, they provide a glimpse into the worlds of survivors living with the genocide’s legacy decades after a conflict. Their stories, along with the accompanying text and illustrations, make an indelible impact. About the authors Anne-Marie de Brouwer works in the field of international criminal justice, conflict-related sexual violence, human trafficking and victims’ rights at Impact: Center against Human Trafficking and Sexual Violence in Conflict. She is the co-founder of Mukomeze. Sandra Ka Hon Chu is the Director of Research and Advocacy at the Canadian hiv/aids Legal Network, where she works on hiv-related human rights issues concerning prisons, drug policy, sex work, women and immigration. Eefje de Volder is an anthropologist and lawyer working in the field of human trafficking, victims’ rights and conflict-related sexual violence at Impact: Center against Human Trafficking and Sexual Violence in Conflict. Samer Muscati is a Canadian lawyer, documentary photographer and former journalist. As a senior researcher for Human Rights Watch, he focused on women’s rights in conflict zones. He runs the International Human Rights program at University of Toronto’s Faculty of Law.   For more information on the project, presentation of the book and events please contact: impact-now.org   REVIEWS OF THE BOOK “If the designation of survivor resonates over the miserable label of victim, then these lives that persist, strengthen, must continue to speak, loudly.” Patricia Viseur Sellers, Special Advisor on Gender to the Prosecutor of the International Criminal Court and former Gender Legal Advisor for the International Criminal Tribunal for Rwanda “Graphically, and without doubt, this book makes the case that rape is no lesser a crime than murder.” Lieutenant-General (ret) The Honorable Roméo Dallaire “Survivors choose to tell their stories in the hope that others will hear. These searing testimonials of inconsolable anguish and awe-inspiring resilience will change you forever and spark you to act to honour dignity.” Dr. James Orbinski, former international president of Doctors without Borders/msf and author of An Imperfect Offering
“The survivors of unspeakably brutal sexual violence managed to leave their past in the past. They realized it would destroy their future. With incredible strength they managed to live for what today has to offer, not for what the terrible past has taken away. This book tells us how they returned the smiles to their faces and the hope in their hearts.” Patrick Cammaert, Assistant Secretary-General, Head of UNMHA
“This book is about moving beyond surviving into becoming victors. It reminds us that while their pain and abuse will remain remarkable, their testimonials and current situation is what resilience and courage mean. This is what the commitment to remember, unite and renew yields.” Dr. Usta Kaitesi, Acting ceo, Rwanda Governance Board
“And I Live On: The Resilience of Rwandan Genocide Survivors of Sexual Violence is an exemplary contribution to genocide studies and advances public understanding of genocide. It is a distinct contribution to many disciplines including genocide studies, sociology, history, conflict resolution and human rights. The book is also a testament to the editors’ and photographer’s vision of the consequential role we all have in contributing to a more compassionate and just world. Pioneering allies
to survivors, they serve as an example to us all.”
Dr. Kimberley Ducey, Associate Professor, The University of Winnipeg  

Forthcoming Publications

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Direct International Human Rights Obligations of non-State Actors
Nicolás Carrillo-Santarelli

In this book, addressing the reality that non-state actors do violate human rights in practice, which cannot be overlooked, Prof. Nicolás Carrillo-Santarelli argues that the foundations and main principles of international human rights law call for the regulation of direct nonstate obligations and responsibilities, given the potential failure of domestic actions and the limits of voluntary strategies. In part I, the author presents his ideas on why non-state abuses should be regarded as human rights violations and wrongful acts. In this sense, Chapter 1 explores why the protection of human dignity, being non-conditional, cannot depend on the presence of a State abuser. Chapter 2 explores the idea that every conduct contrary to human rights has legal relevance and requires a correlative appropriate legal response. Chapter 3 reinforces the previous ideas in light of the peremptory principle of non-discrimination; with Chapter 4 providing suggestions on when direct international action should take place. Part II, afterwards, studies why direct protection from non-state violations is possible and what legal mechanisms and institutions permit to make it effective. In Chapter 5, the author argues that the notion of international legal personality is not an obstacle since regarding addressees as subjects highlights the possibility of there being direct non-state international duties, which would not weaken existing human rights protections. Chapter 6 presents the argument that there are already implied human rights obligations of non-state actors, and that complementary obligations should be created. Chapter 7 explores the idea that non-state responsibility can coexist with that of other participants in violations, and that non-state responsibility is often a precondition of full reparations. The fi nal Chapter turns to the examination of the mechanisms that can be used to respond to or prevent non-state violations of human rights law. The book is based on the idea that the protagonists of human rights law are individuals, who deserve protection from all abusers, be them States, armed groups, international organizations, or other actors.   Nicolás Carrillo-Santarelli has a PhD in International Law and International Relations from the Autónoma de Madrid University and is currently Associate Professor of International Law at La Sabana University, Colombia.

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Corruption and Human Rights
André T. D. Figueiredo

Some scholars and even human rights monitoring bodies have started to make the connection between corruption and human rights violations. When asked about this connection, most people easily picture a country ruled by a dictator who steals public money to support his luxury life while the population suffers from the lack of essential public services, such as healthcare and education. The connection in itself is appealing. Nonetheless, sometimes this connection is made without the proper concern for fully developing the argument and its consequences. The purpose of this study is to go beyond this appealing link and to clarify the argument that making an explicit link with human rights has indeed added value. Framing corruption as a human rights violation cannot be an end in itself, a pure exercise of relabeling the problem. This study aims to give a practical significance to the connection by addressing, in a non-exhaustive way, the practical value of framing corruption as a human rights violation and the possibilities in which international human rights law can be used to strengthen the fight against corruption. By doing so, this book also presents how UN human rights bodies are referring to corruption, and how they could contribute more to fighting this global problem. This book is an adapted version of the author's LL.M. thesis presented at Radboud University in June 2016,where he graduated cum laude after being the recipient of a scholarship.

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Ethical Realism and the Rule of Law
Dennis Paling

On 5th June 1989 an unknown man stopped the leading tank in a column entering Tiananmen Square, Beijing. His ultimate fate is unknown. His courage reflects the dilemma of brave people faced by the force of authority. The rule of law attempts to control excess of authority, but is often ineffective and illusory.   Realist jurisprudence acknowledges that the law is often flawed and unfairly administered and that the rule of law is an illusion. This book discusses the question what then should the individual do? It suggests that ethical realism is a wise approach: acknowledging that in reality the law is flawed, but attempting when possible to do what ethics suggest, applying the classical concept of internal or virtue ethics.   This approach has practical applications – it would be ethical to have a 2 state solution in the Middle East as was resolved by the UN General Assembly in 1947; it would be ethical for the UK to remain in the EEA established by the Treaty of Rome after 48.7% of UK voters wanted to remain and when the 2016 referendumand 2017 legislation referred only to the EU.   In the early 1960s I attended the realist jurisprudence lectures at Oxford and came away with a belief that the rule of law is an ideal rather than a reality but a belief that ethics encourage the individual to do what can be done in practice to alleviate failures of the rule of law.

Recent Publications

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Legislative Proposal to Introduce Provisions Governing Restorative Justice Services into the Dutch Code of Criminal Procedre and Explanatory Memorandum
Jacques Claessen, John Blad, Gert Jan Slump, Theo de Roos, Anneke van Hoek, Annemieke Wolthuis

This publication contains the revised version of a legislative proposal, drafted by and at the initiative of citizens, to introduce restorative justice provisions into the Dutch Code of Criminal Procedure. The initiative to this Legislative Proposal and its Explanatory Memorandum was taken within the framework of the impending introduction of the new Dutch Code of Criminal Procedure. It was drafted by an Initiator Group consisting of persons working for Maastricht University and the Dutch Restorative Justice Foundation in collaboration with a think tank made up of professionals from the fields of criminal law and restorative justice. This legislative draft was presented to the Minister of Legal Protection, drs S. Dekker, and to the members of the Permanent Commission for Justice and Security of the Lower Chamber on 27 June 2018. The authors feel that the official legislative process can begin in earnest, now that a revised version of the Legislative Proposal has been completed. Being able to deal with criminal matters in a more restorative manner is after all not a luxury, but a necessity.   ‘This initiative has generated an incentive and a standardisation that are of value to an evolving justice practice. The role which this revised version has assigned to the Mediation Offices is in tune with the way in which mediation in criminal cases is organised in the work processes of Public Prosecutors’ Offices and the Courts.”  mr Judith Uitermark - judge and national coordinator mediation in criminal cases. 

€ 9.95 Verkrijgbaar via bol.com of uw lokale boekhandel

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Digital Markets in the EU
Marc Veenbrink, Anne Looijestijn-Clearie & Catalin S. Rusu (eds)

The opportunities presented by the internet have changed the way in which businesses conduct their commercial practices. Some businesses have emerged over the years due to the opportunities created by the digital era, while others have adapted their business models to cope with the new challenges of the ‘digital economy’. Digital markets are dynamic in nature and exhibit features which set them apart from the ‘traditional economy’: for example, players active in such markets are driven by the ‘winner takes all’ mirage, while the consumers of digital products or services often pay for their purchases by ‘disclosing their personal data’. Digitalisation is thus a phenomenon that has and will very likely continue to change our lives, regardless of the roles one may play in the digital markets context. The developments in the digital era occur at a mindboggling pace. Therefore, policymakers, legislators, and law enforcers need to keep up to date with these developments. This book examines some of the economic law challenges which the digitalisation of our society raises for policymakers and law enforcers. In this respect, both recent regulatory and enforcement (EU and domestic) initiatives are discussed. The common thread which ties this book’s contributions together relates to the question of whether we need regulation, or whether the market, and thus the current legal framework(s), are suitable for tackling the challenges of the digital era.   This volume in the Radboud Economic Law Series is based on the contributions presented at the second Radboud Economic Law Conference, held at Radboud University Nijmegen, the Netherlands, on 9 June 2017.

€ 49.95 Verkrijgbaar via bol.com of uw lokale boekhandel

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Voorstel van Wet strekkende tot de invoering van herstelrechtvoorzieningen in het Wetboek van Strafvordering, inclusief Memorie van Toelichting
Jacques Claessen, Gert Jan Slump, Anneke van Hoek, Annemieke Wolthuis, Theo de Roos

In deze publicatie treft u de herziene versie aan van het voorstel van wet strekkende tot de invoering van herstelrechtvoorzieningen in het Wetboek van Strafvordering, opgesteld op initiatief van en door burgers. Het is een wetsvoorstel, inclusief Memorie van Toelichting, waartoe wij het initiatief hebben genomen in het kader van de aanstaande invoering van een nieuw Wetboek van Strafvordering. Het voorstel van wet is geschreven door een initiatiefgroep (Universiteit Maastricht en Restorative Justice Nederland) in samenwerking met een denktank bestaande uit strafrecht- en herstelrechtprofessional. De proeve van wetgeving is in juni 2018 aangeboden aan Minister voor Rechtsbescherming drs. S. Dekker en aan de leden van de Vaste Kamercommissie voor Justitie en Veiligheid van de Tweede Kamer. Met deze herziene versie van het voorstel van wet kan het formele wetgevingsproces wat ons betreft echt van start. De mogelijkheid om zaken in het strafrecht op een meer herstelgerichte manier af te doen is immers geen luxe, maar een noodzaak. 

“De stimulans en de uniformering die van dit initiatief uitgaat is waardevol voor de zich ontwikkelende rechtspraktijk. Door de rol die in deze herziene versie is toebedeeld aan de mediationbureaus wordt aangesloten bij de wijze waarop mediation in strafzaken is geregeld in de werkprocessen van OM en ZM”. 

mr. Judith Uitermark – rechter en landelijk coördinator mediation in strafzaken. 

€ 9.95 Verkrijgbaar via bol.com of uw lokale boekhandel

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