An Institutional Perspective On The United Nations Criminal Tribunals
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An Institutional Perspective on the United Nations Criminal Tribunals by Huw Llewellyn Pdf
Huw Llewellyn offers a comparative institutional analysis of the five United Nations criminal tribunals (for the former Yugoslavia, Rwanda, Sierra Leone, Cambodia and Lebanon), assessing their institutional strengths and weaknesses, and tracing the tension between their governance and judicial independence.
On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world’s most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.
The International Criminal Court by Marlies Glasius Pdf
A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?
Centre for Social Development and Humanitarian Affairs (United Nations),United Nations
Author : Centre for Social Development and Humanitarian Affairs (United Nations),United Nations Publisher : New York : United Nations Page : 292 pages File Size : 52,8 Mb Release : 1992 Category : Law ISBN : UOM:39015029958611
Compendium of United Nations Standards and Norms in Crime Prevention and Criminal Justice by Centre for Social Development and Humanitarian Affairs (United Nations),United Nations Pdf
Assessing the Legacy of the ICTY by Richard H. Steinberg Pdf
This collection of essays assesses the legacy established by the most important international criminal tribunal since the Nuremberg and Tokyo war crimes trials, and considers what might be done to enhance or modify the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), including improvement of the capacity of state courts in the region to prosecute violations of humanitarian law by using the Tribunal’s documents, evidence, law, and practice.
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
International Human Rights Institutions, Tribunals, and Courts by Gerd Oberleitner Pdf
This book introduces readers to the major human rights institutions, courts, and tribunals and critically assesses their legacy as well as the promise they hold for realizing human rights globally, and the challenges they face in doing so. It traces the rationale of setting up international institutions, courts, and tribunals with the aim of ensuring respect for international human rights law and presents their historic development, and critically analyzes their contribution to the promotion and protection of human rights. At the same time, it asks which promises old and new (and envisaged) human rights institutions hold for safeguarding human rights in light of continuing violations and recent global trends in human rights and politics. The first section presents institutions created within the framework of the United Nations. The second part of the volume assesses how international criminal tribunals have reframed human rights violations as individual criminal acts. The third part of the volume is devoted to established and emerging regional human rights bodies and courts around the world.
Theories of Co-perpetration in International Criminal Law by Lachezar D. Yanev Pdf
This book provides a refined definition of co-perpetration responsibility that could be uniformly applied in both the ad hoc- and the treaty-based (ICC Rome Statue) model of international criminal justice.
Legitimacy of Unseen Actors in International Adjudication by Freya Baetens Pdf
Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.
An Institutional And Normative Analysis of the World Trade Organization by Mary E. Footer Pdf
This book establishes a framework for analysis of the institutional and normative character of the WTO by locating the organization in a broader theory of international institutional law and in determining the basis for the conferral and exercise of powers in relation to its executive, legislative and adjudicative functions. The WTO is also read as an international regime in order to go beyond its formal legal and constitutional bases and to observe the Members' practice in the context of the former semi-institutionalised GATT treaty regime with which it retains strong links. WTO decision-making, which underpins and informs its institutional and normative acts, is analysed in order to better understand the dynamics of the organization. Normative developments in the WTO are reviewed from the perspective of the creation, maintenance and revision of legally binding and non-binding or 'soft' law norms, in the sense of principles, rules and standards contained in primary treaty rules, which set out the rights and obligations of the Members, and subsidiary rule-making activity by WTO bodies.
The Emerging Practice of the International Criminal Court by Carsten Stahn,Göran Sluiter Pdf
The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.
The Triggering Procedure of the International Criminal Court by Héctor Olásolo Pdf
The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.
Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
Author : Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court Publisher : New York : United Nations Page : 426 pages File Size : 54,5 Mb Release : 2002 Category : Criminal procedure (International law) ISBN : 9211008832
United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome, 15 June-17 July 1998 by Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court Pdf
The United Nations and Other International Institutions by Frederick Henry Gareau Pdf
This work is a critical study of the United Nations and other international and intergovernmental organizations such as The International Monetary Fund, World Trade Organization, Trilateral Commission, Group of Seven, OPEC, and the Organization of American States. Frederick Gareau presents these international organizations in action. The book goes beyond the description and history of organizations to critically analyze the role of governments, especially the United States, in the functioning of international organizations. The impact of the hegemonic Washington is examined throughout the text. The author uses the casebook method to put intergovernmental organizations (IGOs) in a broad context. Special attention is given to the issues of terrorism, both state terrorism and individual terrorism. This readable book is free of economic and legal jargon and will be a valuable resource to students of international politics and American foreign policy, as well as to the lay reader. A Burnham Publishers book
