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Fairness in International Criminal Trials

By Yvonne McDermott
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Isbn : 9780191060403
  • Pages : 220
  • Category : Law
  • Reads : 382
  • File Pdf: fairness-in-international-criminal-trials.pdf

Book Summary:

With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in the former Yugoslavia, Sierra Leone, and Rwanda have completed or are beginning to wind up their activities, the time is ripe for a critical evaluation of these international criminal tribunals and their legacy. By examining the due process standards embraced by the five contemporary international criminal tribunals, the author draws conclusions about how the right to a fair trial should be interpreted in international criminal law. This volume addresses key conceptual questions on fairness, including: should international criminal tribunals set the highest standards of fairness, or is it sufficient for their practice to be 'just fair enough'? To whom does the right to a fair trial attach, and can actors such as the prosecution and victims be accurately said to benefit from that right? Does fairness require the full realization of a number of guarantees owed to the accused under the statutory frameworks of international criminal tribunals, or should we instead be concerned with the fairness of the trial 'as a whole'? What is the interplay between domestic and international courts on questions of procedural fairness? What are the elements of fairness in international criminal proceedings? And what remedies are available for breaches of fair trial rights? Through an in-depth exploration of the right to a fair trial, the author concludes that international criminal tribunals should have a role in setting the highest standards of due process protection in their procedures, and that in so doing, they can have a positive impact on domestic justice systems.

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International Criminal Procedure

By Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev,Salvatore Zappalà
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : OUP Oxford
  • Isbn : 9780191632600
  • Pages : 1728
  • Category : Law
  • Reads : 901
  • File Pdf: international-criminal-procedure.pdf

Book Summary:

International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.

The Fundamental Concept of Crime in International Criminal Law

By Iryna Marchuk
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer Science & Business Media
  • Isbn : 9783642282461
  • Pages : 304
  • Category : Law
  • Reads : 628
  • File Pdf: the-fundamental-concept-of-crime-in-international-criminal-law.pdf

Book Summary:

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

International Criminal Justice

By Gideon Boas,William Schabas,Michael P. Scharf
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Edward Elgar Publishing
  • Isbn : 9781781005606
  • Pages : 322
  • Category : Law
  • Reads : 506
  • File Pdf: international-criminal-justice.pdf

Book Summary:

ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.

Illicitly Obtained Evidence at the International Criminal Court

By Petra Viebig
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer
  • Isbn : 9789462650930
  • Pages : 291
  • Category : Law
  • Reads : 323
  • File Pdf: illicitly-obtained-evidence-at-the-international-criminal-court.pdf

Book Summary:

This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.

The Amicus Curiae in International Criminal Justice

By Sarah Williams,Hannah Woolaver,Emma Palmer
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Isbn : 9781509913336
  • Pages : 304
  • Category : Law
  • Reads : 426
  • File Pdf: the-amicus-curiae-in-international-criminal-justice.pdf

Book Summary:

The amicus curiae – or friend of the court – is the main mechanism for actors other than the parties, including civil society actors and states, to participate directly in proceedings in international criminal tribunals. Yet reliance on this mechanism raises a number of significant questions concerning: the functions performed by amici, which actors seek to intervene and why, and the influence of amicus interventions on judicial outcomes. Ultimately, the amicus curiae may have a significant impact on the fairness, representativeness and legitimacy of the tribunals' proceedings and decisions. This book provides a comprehensive examination of the amicus curiae practice of the International Criminal Court and other major international criminal tribunals and offers suggestions for the role of the amicus curiae. In doing so, the authors develop a framework to augment the potential contributions of amicus participation in respect of the legitimacy of international criminal tribunals and their decisions, while minimising interference with the core judicial competence of the tribunal and the right of the accused to a fair and expeditious trial.

International Court Authority

By Mikael Rask Madsen
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Isbn : 9780192515049
  • Pages : 450
  • Category : Law
  • Reads : 430
  • File Pdf: international-court-authority.pdf

Book Summary:

An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions. Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile. An introduction situates the book's unique approach to conceptualizing international court authority within theoretical debates about the authority of global institutions. International Court Authority also includes critical reflections on the authority framework from legal theorists, international relations scholars, a philosopher, and an anthropologist. The book's conclusion questions a number of widely shared assumptions about how social and political contexts facilitate or undermine international courts in developing de facto authority and political power.

The Making of International Criminal Justice

By Theodor Meron
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : OUP Oxford
  • Isbn : 9780191648663
  • Pages : 336
  • Category : Law
  • Reads : 115
  • File Pdf: the-making-of-international-criminal-justice.pdf

Book Summary:

There has been a quiet revolution over the course of the past quarter century in the prosecution of individuals for war crimes before international courts. Until recently, and with a few notable exceptions in the wake of World War II, violations of the laws of war and international humanitarian law were addressed primarily as claims between states. However, this approach has changed radically in just the last twenty years, as the international community has increasingly accepted the idea of individual criminal responsibility for violations of international humanitarian law. The International Criminal Tribunals for the former Yugoslavia and Rwanda have played a key role in this transformation and, as the trailblazers for a growing number of new international or hybrid criminal courts, in establishing the field of international criminal justice and encouraging the national prosecution of war crimes. Understanding the Tribunals' origins, their ground-breaking jurisprudence, and how they have addressed critical legal and practical challenges is essential to understanding both the revolution that has occurred over the past twenty years and how international criminal law will change and grow in the years ahead. As a leading scholar on humanitarian law, past President of the International Criminal Tribunal for the former Yugoslavia, and Appeals Judge for both the Yugoslavia and Rwanda Tribunals, Theodor Meron has observed and influenced the development of international criminal law as it has evolved from a mostly academic exercise to a cornerstone of the new international legal order. In this collection of speeches delivered during his first decade on the bench, he offers an insightful overview of the foundations of international criminal law as well as a unique, insider's perspective on the challenges faced by international criminal tribunals, their creation of a corpus of substantive and procedural law regarding everything from sentencing and self-representation to the law of genocide and the protection of prisoners of war, the contributions of other international courts, and the responsibilities of international jurists. Judge Meron's personal reflections and unparalleled experience in international criminal justice make this volume as rewarding for experts as it is for the general public.

Defendants and Victims in International Criminal Justice

By Juan Pablo Perez-Leon-Acevedo,Joanna Nicholson
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Isbn : 9781000037241
  • Pages : 280
  • Category : Law
  • Reads : 706
  • File Pdf: defendants-and-victims-in-international-criminal-justice.pdf

Book Summary:

This volume considers a variety of key issues pertaining to the rights of defendants and victims at International Criminal Courts (ICTs) and explores how best to balance and enhance the rights of both in order to ensure the effectiveness and efficiency of international criminal proceedings. The rights of victims are becoming an increasingly important issue at ICTs. Yet, at the same time, this has to be achieved without having a detrimental impact upon on the rights of the defence and the efficiency of the courts. This book provides analyses of issues on the rights of both the accused and the victims. By discussing matters concerning these two pivotal actors in international criminal justice within the same volume, the work highlights that there are intrinsic and intense conflicting and converging relationships between victims and the accused, particularly in terms of their rights. While most of the chapters focus mainly on either the accused or the victims, others discuss both at the same time. The work strikes a fine balance between, on the one hand, classic topics on the rights of the accused and the rights of the victims and, on the other, topics which have been largely unexplored and/or which require new angles or perspectives. Additionally, there are some chapters which approach both the rights of the accused and the rights of the victims in new contexts and/or under novel perspectives. The book as a whole provides a discussion of the two sides of this important coin of international criminal justice. The work will be an essential resource for academics, practitioners and students with an interest in the field of international criminal law. It will also be of interest to human rights scholars who are working with the rights of victims and the accused.

Intersections of Law and Culture at the International Criminal Court

By Julie Fraser,Brianne McGonigle Leyh
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Edward Elgar Publishing
  • Isbn : 9781839107306
  • Pages : 456
  • Category : Law
  • Reads : 950
  • File Pdf: intersections-of-law-and-culture-at-the-international-criminal-court.pdf

Book Summary:

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

Do Exclusionary Rules Ensure a Fair Trial?

By Sabine Gless,Thomas Richter
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer
  • Isbn : 9783030125202
  • Pages : 380
  • Category : Law
  • Reads : 204
  • File Pdf: do-exclusionary-rules-ensure-a-fair-trial.pdf

Book Summary:

This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.

The Oxford Companion to International Criminal Justice

By
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : OUP Oxford
  • Isbn : 9780191553448
  • Pages : 1096
  • Category : Law
  • Reads : 918
  • File Pdf: the-oxford-companion-to-international-criminal-justice.pdf

Book Summary:

The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.

Criminal Evidence and Human Rights

By Paul Roberts,Jill Hunter
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Isbn : 9781847319456
  • Pages : 450
  • Category : Law
  • Reads : 614
  • File Pdf: criminal-evidence-and-human-rights.pdf

Book Summary:

Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.

The Milosevic Trial

By Timothy William Waters
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Isbn : 9780199323975
  • Pages : 696
  • Category : Law
  • Reads : 540
  • File Pdf: the-milosevic-trial.pdf

Book Summary:

The Milo%sević Trial - An Autopsy provides a cross-disciplinary examination of one of the most controversial war crimes trials of the modern era and its contested legacy for the growing fields of international criminal law and post-conflict justice. The international trial of Slobodan Milo%sević, who presided over the violent collapse of Yugoslavia - was already among the longest war crimes trials when Milo%sević died in 2006. Yet precisely because it ended without judgment, its significance and legacy are specially contested. The contributors to this volume, including trial participants, area specialists, and international law scholars bring a variety of perspectives as they examine the meaning of the trial's termination and its implications for post-conflict justice. The book's approach is intensively cross-disciplinary, weighing the implications for law, politics, and society that modern war crimes trials create. The time for such an examination is fitting, with the imminent closing of the Yugoslav war crimes tribunal and rising debates over its legacy, as well as the 20th anniversary of the outbreak of the Yugoslav conflict. The Milo%sević Trial - An Autopsy brings thought-provoking insights into the impact of war crimes trials on post-conflict justice.

Contemporary Challenges to Human Rights Law

By Richard Lang,Jack Clayton Thompson,Claire-Michelle Smyth
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Cambridge Scholars Publishing
  • Isbn : 9781527549937
  • Pages : 395
  • Category : Law
  • Reads : 285
  • File Pdf: contemporary-challenges-to-human-rights-law.pdf

Book Summary:

This collection of essays highlights the many problems and challenges facing human rights law today. Bringing together academics, practitioners and NGOs, it examines some of the contemporary challenges facing human rights law and practice in England, Northern Ireland, the Republic of Ireland, France and America. It is clear that we live in a time where human rights are in crisis. A decade of austerity measures at the domestic, regional and international levels evidently has had a detrimental effect on the protection of human rights. Cuts to social spending have resulted a failing social welfare system, a health service buckling under pressure, unprecedented rises in homelessness and child poverty, and the emergence of the ‘working poor’ and zero hours contracts. Austerity, famine, civil war, oppressive governmental regimes and climate change have seen vast migrations, resulting in a resurrection of far right-wing ideology. In the UK, this is seen in what can only be described as propaganda and scaremongering during the campaign for Brexit and in subsequent political elections evidenced by the increase in racially motivated hate crime within the UK. The landscape of human rights is such that it has resulted in some beginning to question, are human rights rights at all?

The Oxford Handbook of International Criminal Law

By Darryl Robinson
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Isbn : 9780192558886
  • Pages : 896
  • Category : Law
  • Reads : 376
  • File Pdf: the-oxford-handbook-of-international-criminal-law.pdf

Book Summary:

In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

International Criminal Procedure

By Christoph Safferling
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : OUP Oxford
  • Isbn : 9780191627736
  • Pages : 640
  • Category : Law
  • Reads : 258
  • File Pdf: international-criminal-procedure.pdf

Book Summary:

This book sets out and analyses the procedural law applied by international criminal tribunals and the International Criminal Court (ICC). It traces the development of international criminal procedure from its roots in the International Military Tribunal at Nuremberg to its current application by the Yugoslav and Rwanda Tribunals, the Special Court for Sierra Leone, the Extraordinary Chamber in the Courts of Cambodia, and the International Criminal Court. All of these tribunals apply a different set of rules. The focus of this book, however, lies on the ICC and its procedural regime as contained in the Rome Statute, the Rules of Procedure and Evidence, and the different Regulations of the Court and of the Prosecutor. The exceptional compromise between common and civil law which formed the basis of the ICC's Statute created a unique procedural order. This book systematically analyses the Court's organisational structure, overall procedural setting, and the individual procedural regulations, and compares and contrasts these to other international criminal tribunals. Amongst the many unresolved procedural issues are the rights of the accused before, during, and after the trial, the disclosure of evidence, the presentation of evidence, the participation of victims, the protection of witnesses, and the cooperation between the ICC and individual states. Through looking at these issues, the book develops a concise and fitting theoretical underpinning for the ICC's procedural order that is not founded on any specific legal culture.

Legacies of the International Criminal Tribunal for the Former Yugoslavia

By Carsten Stahn,Carmel Agius,Serge Brammertz,Colleen Rohan
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Isbn : 9780192607942
  • Pages : 672
  • Category : Law
  • Reads : 952
  • File Pdf: legacies-of-the-international-criminal-tribunal-for-the-former-yugoslavia.pdf

Book Summary:

The International Criminal Tribunal for the former Yugoslavia (ICTY) is one the pioneering experiments in international criminal justice. It has left a rich legal, institutional, and non-judicial legacy. This edited collection provides a broad perspective on the contribution of the tribunal to law, memory, and justice. It explores some of the accomplishments, challenges, and critiques of the ICTY, including its less visible legacies. The book analyses different sites of legacy: the expressive function of the tribunal, its contribution to the framing of facts, events, and narratives of the conflict in the former Yugoslavia, and investigative and experiential legacies. It also explores lesser known aspects of legal practice (such as defence investigative ethics, judgment drafting, contempt cases against journalists, interpretation and translation), outreach, approaches to punishment and sentencing, the tribunals' impact on domestic legal systems, and ongoing debates over impact and societal reception. The volume combines voices from inside the tribunal with external perspectives to elaborate the rich history of the ICTY, which continues to be written to this day.

The International Criminal Court

By Marlies Glasius
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Isbn : 9781134315666
  • Pages : 178
  • Category : Law
  • Reads : 620
  • File Pdf: the-international-criminal-court.pdf

Book Summary:

A new examination of the International Criminal Court (ICC) from a political science and international relations perspective. It describes the main features of the court and discusses the political negotiations and the on-going clashes between those states who oppose the court, particularly the United States, and those who defend it. It also makes these issues accessible to non-lawyers and presents effective advocacy strategies for non-governmental organizations. It also delivers essential background to the place of the US in international relations and makes a major contribution to thinking about the ICC’s future. While global civil society does not deliver global democracy, it does contribute to more transparent, more deliberative and more ethical international decision-making which is ultimately preferable to a world of isolated sovereign states with no accountability outside their borders, or exclusive and secretive state-to-state diplomacy. This book will be of great interest to students and scholars of international relations, international law, globalization and global governance.

The Special Tribunal for Lebanon

By Amal Alamuddin,Nidal Nabil Jurdi,David Tolbert
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : OUP Oxford
  • Isbn : 9780191511165
  • Pages : 380
  • Category : Law
  • Reads : 869
  • File Pdf: the-special-tribunal-for-lebanon.pdf

Book Summary:

This book provides a full analytical overview of the establishment and functioning of the Special Tribunal for Lebanon, the newest and most controversial of the UN-sponsored international criminal courts. In 2005, Lebanese Prime Minister Rafic Hariri was assassinated in a huge blast that reverberated across Lebanon and the region. The Tribunal was established with a mandate to try the perpetrators of the Hariri killing, as well as those responsible for other killings that are 'connected' to this core crime. Individuals associated with the Hezbollah group have been indicted to be tried in the court in The Hague-but in their absence as their locations are unknown. The Tribunal is the UN's first attempt at addressing terrorism in an international criminal court, and the first attempt to set up international trials following crimes committed in the Middle East region. The court's narrow mandate and unique procedures have led many to question what kind of precedent it will set in a volatile region. This book looks at how the court was established, its foundational principles based on the Statute of the International Criminal Court and Lebanese domestic law, and the possible further development of its case law. It provides an authoritative guide to the procedure of the Tribunal,the status of the Registry, the rights of suspects and accused, trials in absentia, and the regulation of the conduct of counsel, drawing on comparisons to other international courts. The authors include those involved in setting up the court, prosecutors, defence counsel for the suspects, as well as judges and academic commentators who are experts on the issues covered in the book. They provide a probing insight into how the Tribunal came into being, its challenges, controversies, and its achievements to date.

The Philosophy of International Law

By Samantha Besson,John Tasioulas
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : OUP Oxford
  • Isbn : 9780191613531
  • Pages : 632
  • Category : Philosophy
  • Reads : 107
  • File Pdf: the-philosophy-of-international-law.pdf

Book Summary:

International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. The Philosophy of International Law contains 29 cutting-edge essays by leading philosophers and international lawyers, all published here in English for the first time, that address the central philosophical questions about international law. The volume's overarching theme is the moral and political values that should guide the assessment and development of international law and institutions. Some of the essays tackle general topics such as the sources and legitimacy of international law, the nature of international legal adjudication, whether international law can or should aspire to be 'democratic', and the significance of state sovereignty. The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, international criminal law, international environmental law, and the laws of war. This volume is the most up-to-date and comprehensive treatment of the philosophy of international law in existence. It is also distinguished by its 'dialogical' methodology: there are two essays on each topic, with the second author engaging with the arguments of the first. It is an invaluable resource for anyone seeking a deeper understanding of the nature and value of international law.

Doing Justice to History

By Barrie Sander
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Isbn : 9780192586094
  • Pages : 384
  • Category : Law
  • Reads : 627
  • File Pdf: doing-justice-to-history.pdf

Book Summary:

As communities struggle to make sense of mass atrocities, expectations have increasingly been placed on international criminal courts to render authoritative historical accounts of episodes of mass violence. Taking these expectations as its point of departure, this book seeks to understand international criminal courts through the prism of their historical function. The book critically examines how such courts confront the past by constructing historical narratives concerning both the culpability of the accused on trial and the broader mass atrocity contexts in which they are alleged to have participated. The book argues that international criminal courts are host to struggles for historical justice, discursive contests between different actors vying for judicial acknowledgement of their interpretations of the past. By examining these struggles within different institutional settings, the book uncovers the legitimating qualities of international criminal judgments. In particular, it illuminates what tends to be foregrounded and included within, as well as marginalised and excluded from, the narratives of international criminal courts in practice. What emerges from this account is a sense of the significance of thinking about the emancipatory limits and possibilities of international criminal courts in terms of the historical narratives that are constructed and contested within and beyond the courtroom.

Double Standards

By Wolfgang Kaleck
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Torkel Opsahl Academic EPublisher
  • Isbn : 9788293081838
  • Pages : 141
  • Category : Law
  • Reads : 702
  • File Pdf: double-standards.pdf

Book Summary:

Read and download full book Double Standards

Commentary on the Law of the International Criminal Court

By Mark Klamberg
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Torkel Opsahl Academic EPublisher
  • Isbn : 9788283481013
  • Pages : 813
  • Category : Law
  • Reads : 385
  • File Pdf: commentary-on-the-law-of-the-international-criminal-court.pdf

Book Summary:

Read and download full book Commentary on the Law of the International Criminal Court

The Elgar Companion to the International Criminal Court

By Margaret deGuzman,Valerie Oosterveld
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Edward Elgar Publishing
  • Isbn : 9781785368233
  • Pages : 448
  • Category : Law
  • Reads : 600
  • File Pdf: the-elgar-companion-to-the-international-criminal-court.pdf

Book Summary:

This comprehensive Companion examines the achievements and challenges of the International Criminal Court (ICC), the world’s first permanent international criminal tribunal. It provides an overview of the first two decades of the ICC’s existence, investigating the dominant narratives and counter-narratives that have emerged about the institution and its work.

Internationalized Armed Conflicts in International Law

By Kubo Macak
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Isbn : 9780192551788
  • Pages : 304
  • Category : Law
  • Reads : 317
  • File Pdf: internationalized-armed-conflicts-in-international-law.pdf

Book Summary:

This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.

Teaching Evidence Law

By Yvonne Daly,Jeremy Gans,PJ Schwikkard
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Isbn : 9781000090949
  • Pages : 188
  • Category : Education
  • Reads : 707
  • File Pdf: teaching-evidence-law.pdf

Book Summary:

Teaching Evidence Law sets out the contemporary experiences of evidence teachers in a range of common law countries across four continents: Australia, Canada, Hong Kong, Ireland, New Zealand, South Africa, the United Kingdom and the United States. It addresses key themes and places these in the context of academic literature on the teaching of evidence, proof and fact-finding. This book focuses on the methods used to teach a mix of abstract and practical rules, as well as the underlying skills of fact-analysis, that students need to apply the law in practice, to research it in the future and to debate its appropriateness. The chapters describe innovative ways of overcoming the many challenges of this field, addressing the expanding fields of evidence law, how to reach and accommodate new audiences with an interest in evidence, and the tools devised to meet old and new pedagogical problems in this area. Part of Routledge’s series on Legal Pedagogy, this book will be of great interest to academics, post-graduate students, teachers and researchers of evidence law, as well as those with a wider interest in legal pedagogy or legal practice.

Principles of International Criminal Law

By Gerhard Werle,Florian Jeßberger
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : OUP Oxford
  • Isbn : 9780191008627
  • Pages : 600
  • Category : Law
  • Reads : 505
  • File Pdf: principles-of-international-criminal-law.pdf

Book Summary:

Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.

Counter-Terrorism

By Ana María Salinas de Frías,Katja Samuel,Nigel White
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : OUP Oxford
  • Isbn : 9780191627811
  • Pages : 1232
  • Category : Law
  • Reads : 798
  • File Pdf: counter-terrorism.pdf

Book Summary:

The responses of governments and international institutions to terrorism raise some of the most controversial issues of the twenty-first century. In particular, attempts to balance the desire to achieve security with the safeguarding of human rights and other aspects of the rule of law have proved to be highly contentious. This book is unique, not only in terms of its multinational, multidisciplinary nature, but also due to its truly comprehensive approach. It reviews, and examines, the interrelationship between the four principal elements of the international rule of law framework (international human rights, humanitarian, criminal, and refugee/asylum law) within in which counter-terrorism responses should occur. It focuses primarily on some of the most pressing, emerging, and/or under-researched issues and tensions. These include policy choices associated with meeting security imperatives; the tensions between the criminal justice, or preventive, approach to counter-terrorism and the military approach; the identification of lacunae within existing legal frameworks; and tensions between executive, judicial, and legislative responses. These matters are examined at the national, regional, and international levels. The book addresses a wide spectrum of issues, including analysis of key legal principles; emergency and executive measures; radicalization; governmental and institutional impunity; classification, administration and treatment of battlefield detainees; the use of lethal force ; forms of, and treatment in, detention;non-refoulement; diplomatic assurances; interrogation versus torture; extraordinary rendition; discrimination; justice and reparations for victims of terrorist attacks and security responses; (mis)use of military courts, commissions, and immigration tribunals; judicial and institutional developed and emerging rule of law norms on terrorism; non-judicial oversight by means of democratic accountability; and the identification and analysis of best practices, including inter-regional judicial and other forms of cooperation, and developed practices for the handling and use of sensitive information. Drawing together an impressive spectrum of legal and non-legal, national and institutional, practitioner, policy, and academic expertise, this book is an essential and comprehensive reference work on counter-terrorism policy, practice, and law-making.

Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings

By Kelly Pitcher
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer
  • Isbn : 9789462652194
  • Pages : 567
  • Category : Law
  • Reads : 992
  • File Pdf: judicial-responses-to-pre-trial-procedural-violations-in-international-criminal-proceedings.pdf

Book Summary:

This book provides an in-depth examination of the judicial response at the internationalcriminal tribunals (ICTs) to the violation of procedural standards in thepre-trial phase of proceedings. It does so against the backdrop of the assumption thatcertain particularities of international criminal proceedings may warrant a differentapproach to the matter than at the national level. By reference to relevant human rights standards and to national criminal procedure,as well as to theoretical accounts of the judicial response to pre-trial procedural violations,this book assesses the ICTs’ law and practice in this regard, thereby identifyingpoints of concern and making suggestions for improvement. In doing so, it considersthe most suitable rationale for responding to procedural violations committed in thepre-trial phase of international criminal proceedings and the merits of judicial discretionin this context, as well as the impact of certain particularities of such proceedingson the determination of how to address procedural violations. The book is intended for academics and practitioners in the field of (international)criminal law who want to gain a deeper understanding of the possible impact ofpre- trial procedural violations on criminal proceedings. Kelly Pitcher is Assistant Professor of Criminal Law and Criminal Procedure at LeidenUniversity in The Netherlands.

International Criminal Tribunals and Human Rights Law

By Krit Zeegers
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer
  • Isbn : 9789462651029
  • Pages : 434
  • Category : Law
  • Reads : 116
  • File Pdf: international-criminal-tribunals-and-human-rights-law.pdf

Book Summary:

This book addresses the interpretation and application of human rights norms by International Criminal Tribunals (ICTs). Such Tribunals are widely heralded as human rights defenders. At the same time, however, they employ activities that necessary entail the risk of human rights violations: they conduct criminal investigations, arrest and detain individuals, and put them on trial. This book investigates this flip-side of the ICTs’ relationship with international human rights law, and focuses on the ICTs’ own interpretation and application of human rights norms. First, the book addresses whether and how ICTs are bound by human rights law, since unlike states, they do not sign or ratify human rights conventions. Second, the book provides an in-depth analysis of the way in which ICTs interpret and apply human rights norms, compared to the way in which these norms are interpreted in a traditional state-context. Relying on the unique circumstances in which they operate, ICTs have often deviated from generally accepted interpretations of human rights. The author critically examines this so-called contextual approach and seeks to recommend ways in which ICTs can improve their interpretative practice by giving due regard to the context in which they operate, while still providing adequate human rights protection. Addressing the ICTs’ possible leeway in terms of contextualization, this book contributes to the broader debates about adherence to human rights norms in international law. Krit Zeegers is an Associate at Allen & Overy LLP, Amsterdam, and previously worked as a researcher / junior lecturer at the University of Amsterdam.

International Criminal Procedure

By Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev,Salvatore Zappalà
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : OUP Oxford
  • Isbn : 9780191632594
  • Pages : 1728
  • Category : Law
  • Reads : 536
  • File Pdf: international-criminal-procedure.pdf

Book Summary:

International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.