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1

Group, Social Work Services. Alternatives to prosecution: National guidelines on diversion to social work agencies. [Edinburgh]: The Group, 1989.

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2

Barry, Monica. Diversion from prosecution to social work and other service agencies: Evaluation of the 100 per cent funding pilot programmes. Edinburgh: Central Research Unit, 2000.

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3

Chorres, Hesbert Benavente. Los criterios de oportunidad en el proceso penal acusatorio y oral: Doctrina, legislación, jurisprudencia y formularios. Azcapotzalco, México, D. F: Flores, 2010.

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4

G. J. M. van den Biggelaar. De buitengerechtelijke afdoening van strafbare feiten door het openbaar ministerie. Arnhem: Gouda Quint, 1994.

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5

Cooke, David J. Treatment as an Alternative to Prosecution. The Stationery Office Books (Agencies), 1989.

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6

Milan, Bulajić, ed. Alternative Yugoslavia tribunal. Beograd: Stručna knjiga D.D., 1995.

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7

Brown, Darryl K., Jenia Iontcheva Turner, and Bettina Weisser, eds. The Oxford Handbook of Criminal Process. Oxford University Press, 2019. http://dx.doi.org/10.1093/oxfordhb/9780190659837.001.0001.

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This handbook examines various aspects of the criminal process, including the role of prosecutors in common law and civil law jurisdictions, the rights and duties of experts, victim rights in civil law jurisdictions, surveillance and investigation, criminal prosecution and its alternatives, evidence discovery and disclosure in common law systems, evidence law as forensic science, common law plea bargaining, appeals and post-conviction review, and procedure in international tribunals. The book is organized into eight parts covering topics ranging from criminal process in the dual penal state to interrogation law and practice in common law jurisdictions, empirical and comparative approaches to criminal procedure, prosecution-led investigations and measures of procedural coercion in the field of corruption, international corporate prosecutions, special procedures for white-collar and corporate wrongdoing in Europe, and trial procedure in response to terrorism. Also discussed are the roles of the European Convention on Human Rights and the European Court of Human Rights as guardians of fair criminal proceedings in Europe, double jeopardy or ne bis in idem in common law and civil law jurisdictions, plea bargaining vs. abbreviated trial procedures, restorative justice as an alternative to penal sanctions, and the pluralistic nature of international criminal procedure.
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8

Kriangsak, Kittichaisaree. Part I Prologue, 1 General Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198823292.003.0001.

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This chapter introduces the legal concept of the international legal obligation to extradite or prosecute perpetrators of the most serious crimes of international concern, tracing its historical foundation, explaining the codification and progressive development work of the UN International Law Commission on the 1996 Draft Code of Crimes against the Peace and Security of Mankind that has bearings on the concept, and identifying the gap in the existing treaty regime on this obligation. It succinctly analyses the three intertwined alternatives of extradition, prosecution, both by domestic criminal tribunals, and the third alternative of surrendering the perpetrators of such crimes to international criminal tribunals for the purpose of their prosecution.
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9

Naldi, Gino, and Konstantinos D. Magliveras. The International Criminal Court and the African Union. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198810568.003.0006.

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This chapter examines the context of the Africa–ICC relationship, tracing the roots of the friction between the ICC, and by extension some of its European member states, and the African Union (AU), which has been the voice of those African nations disenchanted, if not outraged, by indictments and prosecutions against African leaders and politicians. Given that the ICC Prosecutor has focused exclusively on the African continent, there is widespread AU criticism that the pursuit of international criminal justice is solely concerned with African politics. The chapter demonstrates that the tension between the ICC and the AU has been exacerbated by the recent prosecution of cases involving Kenya, which became a major political issue in the East African nation. The chapter contends that the AU’s disenchantment with the ICC has led leaders in the continent to push various local justice alternatives under the banner of ‘African solutions to African problems’.
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10

Kriangsak, Kittichaisaree. Part III Epilogue and Reflections, 8 Conclusions and the Way Forward. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198823292.003.0008.

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The chapter describes international efforts to close the gaps in existing treaties on the obligation to extradite or prosecute. These include: (i) the joint initiative for the adoption of a new international instrument on mutual legal assistance and extradition for the effective investigation and prosecution of the most serious crimes of international concern, in particular, the crimes of genocide, crimes against humanity, and war crimes, by domestic jurisdictions; and (ii) the International Law Commission's work on a draft convention on Crimes against Humanity. The chapter also explores the issue of capacity building for the national judiciary and a regional judicial mechanism to help alleviate the burden of the International Criminal Court; national peace/reconciliation, international peace/stability, and other considerations against the implementation of the obligation to extradite or prosecute; the operation of transitional justice as an alternative to prosecution; and the implications of the atrocities in Syria for the future prospects of this obligation in the context of international criminal justice.
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11

(Editor), T. Wing Lo, Dennis Wong (Editor), and Gabrielle M. Maxwell (Editor), eds. Alternatives to Prosecution of Young Persons: An International Comparison. Times Academic Press,Singapore, 2005.

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12

Alternatives to prosecution: Rehabilitative and restorative models of youth justice. Singapore: Marshall Cavendish Academic, 2005.

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13

Pattison, James. The Alternatives to War. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755203.001.0001.

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If states are not to go to war, what should they do instead? In The Alternatives to War: From Sanctions to Non-violence, James Pattison considers the case for the alternatives to military action to address mass atrocities and aggression. He covers the normative issues raised by measures ranging from comprehensive economic sanctions, diplomacy, and positive incentives, to criminal prosecutions, non-violent resistance, accepting refugees, and arming rebels. For instance, given the indiscriminateness of many sanctions regimes, are sanctions any better than war? Should states avoid ‘megaphone diplomacy’ and adopt more subtle measures? What, if anything, can non-violent methods such as civilian defence and civilian peacekeeping do in the face of a ruthless opponent? Is it a serious concern that positive incentives can appear to reward aggressors? Overall, Pattison provides a comprehensive account of the ethics of the alternatives to war. In doing so, he argues that the case for war is weaker and the case for many of the alternatives is stronger than commonly thought. The upshot is that, when reacting to mass atrocities and aggression, states are generally required to pursue the alternatives to war rather than military action. Pattison concludes that this has significant implications for pacifism, Just War Theory, and the responsibility to protect doctrine.
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14

Hannibal, Martin, and Lisa Mountford. 24. Youth Justice—Introduction. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787679.003.0024.

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This chapter discusses the following issues: the terminology of youth justice; the youth justice organisations; the meaning of parental responsibility; the principal aims of the youth justice system; the early diversion procedures to prevent further offending; the juvenile at the police station; the alternatives to prosecution; and the decision to charge.
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15

Hannibal, Martin, and Lisa Mountford. 24. Youth Justice—Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823216.003.0024.

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This chapter discusses the following issues: the terminology of youth justice; the youth justice organisations; the meaning of parental responsibility; the principal aims of the youth justice system; the early diversion procedures to prevent further offending; the juvenile at the police station; the alternatives to prosecution; and the decision to charge.
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16

Hannibal, Martin, and Lisa Mountford. 24. Youth Justice—Introduction. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198765905.003.0024.

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This chapter discusses the following issues: the terminology of youth justice; the youth justice organisations; the meaning of parental responsibility; the principal aims of the youth justice system; the early diversion procedures to prevent further offending; the juvenile at the police station; the alternatives to prosecution; and the decision to charge.
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17

Radics, Olivia, and Carl Bruch. The Law of Pillage, Conflict Resources, and Jus Post Bellum. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.003.0007.

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This chapter explores the role of the law of pillage in the emerging body of jus post bellum with respect to temporal considerations as to its application; its relationship to the law of occupation; the scope of actors to whom pillage applies; and the legal and practical implications of approaching pillage as an economic crime. The chapter discusses questions such as to what extent does the law of pillage continue to apply during the post-conflict period and to whom does it apply? Would it include unelected transitional government officials who might be found liable for making decisions on natural resource concessions? Does the law of pillage apply to occupying forces having de facto or de jure control over a country? How would it relate to immovable state property in occupation? The chapter discusses the viability of war crimes prosecutions for pillage as well as of alternative avenues of accountability.
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18

Leebaw, Bronwyn. Reassessing Truth Commissions. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.287.

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Truth commissions are temporary institutions that are tasked with investigating patterns of political violence under a prior regime as part of a process of political change. In the past, truth commissions were generally seen as a “second best” alternative in contexts where prosecuting past abuses was deemed unrealistic. Today, they are regarded as important tools for pursuing a wide array of goals, from democratization and reconciliation to human rights protection and individual healing. Early scholarship on the development of truth commissions focused on comparative democratization and on typologies that could be used to predict various transitional justice outcomes. More recently, scholars in the field of international relations have undertaken qualitative and quantitative studies in hopes of understanding what is driving the development of truth commissions. However, opinions differ as to the causes, consequences, and moral implications of truth commissions. Some attribute the proliferation of truth commissions to the growing strength of human rights norms and advocacy, whereas others argue that they merely function to manage the balance of power in transitional contexts, or serve as a basis for advancing values such as justice, democracy, and peace. These debates seem to have only intensified as truth commission scholarship continues to grow. One interesting pattern is that a number of scholars, have questioned the effectiveness of truth commissions in satisfying their own claims to investigate the “truth” about past abuses.
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