Luke Moffett
Datos Biográficos
| ID | 244758 |
|---|---|
| NOMBRE | Luke Moffett |
| NOMBRES | Luke |
| APELLIDO | Moffett |
| FIRMA | MOFFETT L |
| AFILIACIONES | Queen's University Belfast |
| ORCID | 0000-0003-2567-0118 |
| VERIFICADO | Sí |
| TOTAL DE OBRAS | 25 |
| TOTAL DE CITAS | 39 |
| TOTAL COMO AUTOR | 24 |
| TOTAL COMO EDITOR | 1 |
| PRIMER AÑO DE PUBLICACIÓN | 2012 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2025 |
| ÍNDICE H | 4 |
Upholding humanity
International humanitarian law (IHL) has been under immense pressure in the past few years. Despite IHL being created to mitigate suffering in armed conflicts, in recent years it has been leveraged by some as a means of justifying violence against civilians under the guise of proportionate incidental loss. With IHL lacking organic international accountability mechanisms, some States have “gamed” the rules of this body of law, resulting in militar…
Reparations before the Special Criminal Court in the Central African Republic
Reparations for international crimes remain complex and pose a challenge for international criminal justice bodies. These challenges stem from the large victim population, set against the limited convictions that are usually entered (both in terms of the number of perpetrators and the charges) and the lack of resources dedicated to redress for victims. In its first case, the Central African Republic’s Special Criminal Court (SCC) stepped into thi…
From Fault to Remedy
Business and Human Rights is predicated on the idea that victims of a corporate human rights violation should have access to an effective remedy. What constitutes a remedy, and how to access it has been the source of much debate and research both within the field and beyond. Most recently, there is a drive towards holding corporations legally liable through ever increasing turns to mandatory human rights and environmental due diligence. Whereas t…
Reparations as balance
Reparations are often justified as a means to ensure “peace,” “reconciliation,” or to “vindicate victims” (Bottigliero, 2004, 14; Greiff, 2006, 463–466; Laplante, 2015, 555–557). The justification of reparations range from corrective justice notions of restitutio in integrum (returning all that is lost) to moral notions of recognition and relational restoration, to even communitarian notions of engendering civic trust, social cohesion and transfo…
Provisional justice in protracted conflicts
2024 will mark seventy-five years since the adoption of the 1949 Geneva Conventions. Despite the drafters’ efforts to mitigate the worst horrors of armed conflict, contemporary conflicts continue to witness the death and suffering of millions. This raises fundamental concerns over the ability of international law to alleviate the harm caused to those caught up in armed conflict, to redress violations and to prevent their recurrence. In internatio…
Victims’ Perspectives on Participation in the Ongwen Case
The Ongwen case has so far involved one of the largest number of victims represented before the International Criminal Court, both in terms of participation in trial proceedings (4,095) and potential beneficiaries for reparations (49,772). This piece offers some new insights following the trial from victims represented by both victim legal teams that are not captured in victims’ statements or submissions before the Court. It draws on additional i…
From Uganda to The Hague and Back
Research Handbook on Transitional Justice
Providing a refreshing take on transitional justice, this second edition Research Handbook brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on new and emerging areas in the field.
Christoph Sperfeldt, Practices of Reparations in International Criminal Justice
Journal Article Christoph Sperfeldt, Practices of Reparations in International Criminal Justice Get access Christoph Sperfeldt, Practices of Reparations in International Criminal Justice ( Cambridge University Press, 2020) 456 pp. £95 (Hardback) ISBN 9781009166454 Luke Moffett Luke Moffett Reader, School of Law, Queen’s University Belfast, Belfast, Northern Ireland [email protected] Search for other works by this author on: Oxford Academic Goog…
Redressing displacement in Northern Ireland
Northern Ireland has been an active site of transitional justice; however, the geographical and spatial implications of violence on housing, land and property issues have remained on the margins of academic, policy and practitioner attention. This is despite mass displacement and housing being key grievances at the outset of the conflict/Troubles in Northern Ireland. Nevertheless, this article explores the institutions and redress schemes brought…
The Palliative Role of Reparations in Reconciling Societies with the Past
Reparations as a transitional justice mechanism to remedy victims' harm, with an emphasis on state-building and a liberal market democracy, can clash with other post-conflict goals of reconciliation and the prevention of future violations. This article reviews the claimed goals and expectations for reparations, exploring especially their relationship with reconciliation and guarantees of non-recurrence. Drawing from fieldwork in multiple jurisdic…
Tilting at windmills
More than 20 years on from the signing of the Rome Statute, delivering victim-centred justice through reparations has been fraught with legal and practical challenges. The Court’s jurisprudence on reparations only began to emerge from 2012 and struggles to find purchase on implementation on the ground. In its first few cases of Lubanga, Katanga, and Al Mahdi the eligibility and forms of reparations have been limited to certain victims, subject to…
Finding a way to live with the past
Reparations are widely regarded as a key element of dealing with the past in transitional justice. Over the past three decades, there has been a plethora of state practice, jurisprudence, and international norms requiring states and other responsible actors to redress victims’ harm. Yet in practice there remain significant deficiencies in delivering reparations on the ground to those affected. This article explores what victims and their civil so…
Violence and repair
Atrocities by non-State armed groups (NSAGs) often capture international attention, but efforts to repair the harm they have caused are often overlooked. This article traces out some of the practices and tensions in NSAGs making reparations during wartime and in post-conflict transitions. It argues that engaging in reparations for acts committed by NSAGs can not only encourage greater compliance with international humanitarian law but also build …
A Bridge Too Far? Attacks against Cultural Property used as Military Objectives as War Crimes
The destruction of the cultural property in conflict zones around the world has captured international attention on the need to prevent its destruction and prosecute those responsible. This article examines the current legal protection and international criminal framework on the criminalisation of the destruction of cultural property and in particular the exception to such destruction amounting to a war crime where they have become military objec…
Shifting the paradigm on cultural property and heritage in international law and armed conflict
Armed conflict has traditionally seen the targeting and destruction of cultural property and heritage from antiquity to modern conflicts in Syria. Despite the cultural connection between such objects and traditions with people, international law has concentrated on its preservation, prosecution and punishment, rather than reparations for the loss or damage. This article highlights the growing jurisprudence and state practice which suggests a need…
Reparations for the transatlantic slave trade and historical enslavement
The debate around reparations for the transatlantic slave trade has been discussed for centuries with no end in sight. This article does not intend to cover the historical or political aspects of this debate, but instead to shed more light on the legal options with regards to reparations. In particular this article examines the role of politically negotiated reparations in transitional societies and the limits of avenues of redress in internation…
Victim Legal Representation before the ICC and ECCC
Victims have often been the justification of international criminal trials, but only recently allowed to participate in proceedings. With the provision of victim participation at the International Criminal Court and the Extraordinary Chambers in the Courts of Cambodia there is a growing literature in international criminal justice exploring the role of victims in such proceedings. This article provides an empirical contribution to this literature…
Reparations for victims at the International Criminal Court
Reparations at the International Criminal Court (ICC) raise victims’ expectations that they would have an avenue of redress in the face of domestic impunity. This article examines the purpose of reparations at the ICC, which notably move away from the international-law state-centric modes of liability for reparations to more private-law individual liability and even developmental or subsidiary responsibility when provided by the Trust Fund for Vi…
Mapping the public/private-law divide
Images of oil-covered seabirds or radioactive fallout from nuclear disasters easily evoke concerns over the risks to personal integrity and environmental degradation. The energy-extraction industry, like others, is profit-driven – a competitive enterprise, with little regard for the social impact of its activities beyond corporate social responsibility (CSR) rhetoric. CSR is neither a precautionary measure nor a remedial framework. Outsider stake…
Reparations for ‘Guilty Victims’
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. …
Elaborating Justice for Victims at the International Criminal Court
Justice for victims has often been invoked as the raison d’être 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 sug…
Finding Your Feet in the Field
Fieldwork that takes place in conflict or transitional regions is becoming increasingly popular amongst early-career and more seasoned researchers, but is an area that retains an air of mystery and remains an exotic form of knowledge gathering. There exists a paucity of personal reflection on the challenges associated with conducting fieldwork in conflicted or transitional regions and a limited amount of insight into the practical steps taken in …
The Role of Victims in the International Criminal Tribunals of the Second World War
This article, drawing from historical research of the practice and judgements of the Nuremberg and Tokyo tribunals, analyses the role of victims within the founding international criminal tribunals of the Second World War. While some commentators have decried the absence of victims at Nuremberg and Tokyo, numerous victim-witnesses testified before these tribunals. However, the outcome of these tribunals has been disappointing to victims who still…
Reparative complementarity
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 limi…
Reparations for ‘Guilty Victims’
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. …
Finding Your Feet in the Field
Fieldwork that takes place in conflict or transitional regions is becoming increasingly popular amongst early-career and more seasoned researchers, but is an area that retains an air of mystery and remains an exotic form of knowledge gathering. There exists a paucity of personal reflection on the challenges associated with conducting fieldwork in conflicted or transitional regions and a limited amount of insight into the practical steps taken in …
Victim Legal Representation before the ICC and ECCC
Victims have often been the justification of international criminal trials, but only recently allowed to participate in proceedings. With the provision of victim participation at the International Criminal Court and the Extraordinary Chambers in the Courts of Cambodia there is a growing literature in international criminal justice exploring the role of victims in such proceedings. This article provides an empirical contribution to this literature…
Elaborating Justice for Victims at the International Criminal Court
Justice for victims has often been invoked as the raison d’être 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 sug…
Reparative complementarity
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 limi…
Tilting at windmills
More than 20 years on from the signing of the Rome Statute, delivering victim-centred justice through reparations has been fraught with legal and practical challenges. The Court’s jurisprudence on reparations only began to emerge from 2012 and struggles to find purchase on implementation on the ground. In its first few cases of Lubanga, Katanga, and Al Mahdi the eligibility and forms of reparations have been limited to certain victims, subject to…
Reparations for the transatlantic slave trade and historical enslavement
The debate around reparations for the transatlantic slave trade has been discussed for centuries with no end in sight. This article does not intend to cover the historical or political aspects of this debate, but instead to shed more light on the legal options with regards to reparations. In particular this article examines the role of politically negotiated reparations in transitional societies and the limits of avenues of redress in internation…
Reparations for victims at the International Criminal Court
Reparations at the International Criminal Court (ICC) raise victims’ expectations that they would have an avenue of redress in the face of domestic impunity. This article examines the purpose of reparations at the ICC, which notably move away from the international-law state-centric modes of liability for reparations to more private-law individual liability and even developmental or subsidiary responsibility when provided by the Trust Fund for Vi…
Shifting the paradigm on cultural property and heritage in international law and armed conflict
Armed conflict has traditionally seen the targeting and destruction of cultural property and heritage from antiquity to modern conflicts in Syria. Despite the cultural connection between such objects and traditions with people, international law has concentrated on its preservation, prosecution and punishment, rather than reparations for the loss or damage. This article highlights the growing jurisprudence and state practice which suggests a need…
The Palliative Role of Reparations in Reconciling Societies with the Past
Reparations as a transitional justice mechanism to remedy victims' harm, with an emphasis on state-building and a liberal market democracy, can clash with other post-conflict goals of reconciliation and the prevention of future violations. This article reviews the claimed goals and expectations for reparations, exploring especially their relationship with reconciliation and guarantees of non-recurrence. Drawing from fieldwork in multiple jurisdic…
Finding a way to live with the past
Reparations are widely regarded as a key element of dealing with the past in transitional justice. Over the past three decades, there has been a plethora of state practice, jurisprudence, and international norms requiring states and other responsible actors to redress victims’ harm. Yet in practice there remain significant deficiencies in delivering reparations on the ground to those affected. This article explores what victims and their civil so…
Violence and repair
Atrocities by non-State armed groups (NSAGs) often capture international attention, but efforts to repair the harm they have caused are often overlooked. This article traces out some of the practices and tensions in NSAGs making reparations during wartime and in post-conflict transitions. It argues that engaging in reparations for acts committed by NSAGs can not only encourage greater compliance with international humanitarian law but also build …
The Role of Victims in the International Criminal Tribunals of the Second World War
This article, drawing from historical research of the practice and judgements of the Nuremberg and Tokyo tribunals, analyses the role of victims within the founding international criminal tribunals of the Second World War. While some commentators have decried the absence of victims at Nuremberg and Tokyo, numerous victim-witnesses testified before these tribunals. However, the outcome of these tribunals has been disappointing to victims who still…
Reparative complementarity
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 limi…
Finding Your Feet in the Field
Fieldwork that takes place in conflict or transitional regions is becoming increasingly popular amongst early-career and more seasoned researchers, but is an area that retains an air of mystery and remains an exotic form of knowledge gathering. There exists a paucity of personal reflection on the challenges associated with conducting fieldwork in conflicted or transitional regions and a limited amount of insight into the practical steps taken in …
Reparations for ‘Guilty Victims’
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. …
Elaborating Justice for Victims at the International Criminal Court
Justice for victims has often been invoked as the raison d’être 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 sug…
Mapping the public/private-law divide
Images of oil-covered seabirds or radioactive fallout from nuclear disasters easily evoke concerns over the risks to personal integrity and environmental degradation. The energy-extraction industry, like others, is profit-driven – a competitive enterprise, with little regard for the social impact of its activities beyond corporate social responsibility (CSR) rhetoric. CSR is neither a precautionary measure nor a remedial framework. Outsider stake…
Victim Legal Representation before the ICC and ECCC
Victims have often been the justification of international criminal trials, but only recently allowed to participate in proceedings. With the provision of victim participation at the International Criminal Court and the Extraordinary Chambers in the Courts of Cambodia there is a growing literature in international criminal justice exploring the role of victims in such proceedings. This article provides an empirical contribution to this literature…
Reparations for victims at the International Criminal Court
Reparations at the International Criminal Court (ICC) raise victims’ expectations that they would have an avenue of redress in the face of domestic impunity. This article examines the purpose of reparations at the ICC, which notably move away from the international-law state-centric modes of liability for reparations to more private-law individual liability and even developmental or subsidiary responsibility when provided by the Trust Fund for Vi…
Reparations for the transatlantic slave trade and historical enslavement
The debate around reparations for the transatlantic slave trade has been discussed for centuries with no end in sight. This article does not intend to cover the historical or political aspects of this debate, but instead to shed more light on the legal options with regards to reparations. In particular this article examines the role of politically negotiated reparations in transitional societies and the limits of avenues of redress in internation…
Violence and repair
Atrocities by non-State armed groups (NSAGs) often capture international attention, but efforts to repair the harm they have caused are often overlooked. This article traces out some of the practices and tensions in NSAGs making reparations during wartime and in post-conflict transitions. It argues that engaging in reparations for acts committed by NSAGs can not only encourage greater compliance with international humanitarian law but also build …
A Bridge Too Far? Attacks against Cultural Property used as Military Objectives as War Crimes
The destruction of the cultural property in conflict zones around the world has captured international attention on the need to prevent its destruction and prosecute those responsible. This article examines the current legal protection and international criminal framework on the criminalisation of the destruction of cultural property and in particular the exception to such destruction amounting to a war crime where they have become military objec…
Shifting the paradigm on cultural property and heritage in international law and armed conflict
Armed conflict has traditionally seen the targeting and destruction of cultural property and heritage from antiquity to modern conflicts in Syria. Despite the cultural connection between such objects and traditions with people, international law has concentrated on its preservation, prosecution and punishment, rather than reparations for the loss or damage. This article highlights the growing jurisprudence and state practice which suggests a need…
Tilting at windmills
More than 20 years on from the signing of the Rome Statute, delivering victim-centred justice through reparations has been fraught with legal and practical challenges. The Court’s jurisprudence on reparations only began to emerge from 2012 and struggles to find purchase on implementation on the ground. In its first few cases of Lubanga, Katanga, and Al Mahdi the eligibility and forms of reparations have been limited to certain victims, subject to…
Finding a way to live with the past
Reparations are widely regarded as a key element of dealing with the past in transitional justice. Over the past three decades, there has been a plethora of state practice, jurisprudence, and international norms requiring states and other responsible actors to redress victims’ harm. Yet in practice there remain significant deficiencies in delivering reparations on the ground to those affected. This article explores what victims and their civil so…
The Palliative Role of Reparations in Reconciling Societies with the Past
Reparations as a transitional justice mechanism to remedy victims' harm, with an emphasis on state-building and a liberal market democracy, can clash with other post-conflict goals of reconciliation and the prevention of future violations. This article reviews the claimed goals and expectations for reparations, exploring especially their relationship with reconciliation and guarantees of non-recurrence. Drawing from fieldwork in multiple jurisdic…
Research Handbook on Transitional Justice
Providing a refreshing take on transitional justice, this second edition Research Handbook brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on new and emerging areas in the field.
Christoph Sperfeldt, Practices of Reparations in International Criminal Justice
Journal Article Christoph Sperfeldt, Practices of Reparations in International Criminal Justice Get access Christoph Sperfeldt, Practices of Reparations in International Criminal Justice ( Cambridge University Press, 2020) 456 pp. £95 (Hardback) ISBN 9781009166454 Luke Moffett Luke Moffett Reader, School of Law, Queen’s University Belfast, Belfast, Northern Ireland [email protected] Search for other works by this author on: Oxford Academic Goog…
Redressing displacement in Northern Ireland
Northern Ireland has been an active site of transitional justice; however, the geographical and spatial implications of violence on housing, land and property issues have remained on the margins of academic, policy and practitioner attention. This is despite mass displacement and housing being key grievances at the outset of the conflict/Troubles in Northern Ireland. Nevertheless, this article explores the institutions and redress schemes brought…
Reparations as balance
Reparations are often justified as a means to ensure “peace,” “reconciliation,” or to “vindicate victims” (Bottigliero, 2004, 14; Greiff, 2006, 463–466; Laplante, 2015, 555–557). The justification of reparations range from corrective justice notions of restitutio in integrum (returning all that is lost) to moral notions of recognition and relational restoration, to even communitarian notions of engendering civic trust, social cohesion and transfo…
Provisional justice in protracted conflicts
2024 will mark seventy-five years since the adoption of the 1949 Geneva Conventions. Despite the drafters’ efforts to mitigate the worst horrors of armed conflict, contemporary conflicts continue to witness the death and suffering of millions. This raises fundamental concerns over the ability of international law to alleviate the harm caused to those caught up in armed conflict, to redress violations and to prevent their recurrence. In internatio…
Victims’ Perspectives on Participation in the Ongwen Case
The Ongwen case has so far involved one of the largest number of victims represented before the International Criminal Court, both in terms of participation in trial proceedings (4,095) and potential beneficiaries for reparations (49,772). This piece offers some new insights following the trial from victims represented by both victim legal teams that are not captured in victims’ statements or submissions before the Court. It draws on additional i…
From Uganda to The Hague and Back
Upholding humanity
International humanitarian law (IHL) has been under immense pressure in the past few years. Despite IHL being created to mitigate suffering in armed conflicts, in recent years it has been leveraged by some as a means of justifying violence against civilians under the guise of proportionate incidental loss. With IHL lacking organic international accountability mechanisms, some States have “gamed” the rules of this body of law, resulting in militar…
Reparations before the Special Criminal Court in the Central African Republic
Reparations for international crimes remain complex and pose a challenge for international criminal justice bodies. These challenges stem from the large victim population, set against the limited convictions that are usually entered (both in terms of the number of perpetrators and the charges) and the lack of resources dedicated to redress for victims. In its first case, the Central African Republic’s Special Criminal Court (SCC) stepped into thi…
From Fault to Remedy
Business and Human Rights is predicated on the idea that victims of a corporate human rights violation should have access to an effective remedy. What constitutes a remedy, and how to access it has been the source of much debate and research both within the field and beyond. Most recently, there is a drive towards holding corporations legally liable through ever increasing turns to mandatory human rights and environmental due diligence. Whereas t…
Political science (22 obras) · Law (17 obras) · Sociology (17 obras) · International Law and Human Rights (15 obras) · Law (14 obras) · Criminology (12 obras) · Historical and Contemporary Political Dynamics (11 obras) · Economic Justice (10 obras) · International law (9 obras) · Global Peace and Security Dynamics (7 obras)