Defendants And Victims In International Criminal Justice

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Defendants and Victims in International Criminal Justice

Juan Pablo Perez-Leon-Acevedo,Joanna Nicholson
Defendants and Victims in International Criminal Justice Book PDF

Author : Juan Pablo Perez-Leon-Acevedo,Joanna Nicholson
Publisher : Routledge
Page : 255 pages
File Size : 45,6 Mb
Release : 2020-04-29
Category : Law
ISBN : 9781000037241

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Defendants and Victims in International Criminal Justice by Juan Pablo Perez-Leon-Acevedo,Joanna Nicholson Pdf

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.

International Practices of Criminal Justice

Mikkel Jarle Christensen,Ron Levi
International Practices of Criminal Justice Book PDF

Author : Mikkel Jarle Christensen,Ron Levi
Publisher : Routledge
Page : 482 pages
File Size : 44,5 Mb
Release : 2017-11-06
Category : Law
ISBN : 9781351384629

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International Practices of Criminal Justice by Mikkel Jarle Christensen,Ron Levi Pdf

International Practices of Criminal Justice: Social and Legal Perspectives examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international criminal law and international police cooperation. Although often thought of separately, each of these fields presents criminal justice as a governance method for resolving international challenges and crises. By focusing on examples from international criminal tribunals, transitional justice, transnational crime, and transnational policing and prosecution, the contributors to this collection all examine how criminal justice is unmoored from the state, while also attending to the struggles and challenges that emerge when criminal justice is used as a form of international action. International Practices of Criminal Justice: Social and Legal Perspectives breaks new ground in criminology, international legal studies and the sociology of law, and will be of interest to students, scholars, and practitioners across a wide array of fields in criminal justice, international law, and international governance.

Transforming International Criminal Justice

Mark J. Findlay,Ralph Henham
Transforming International Criminal Justice Book PDF

Author : Mark J. Findlay,Ralph Henham
Publisher : Taylor & Francis
Page : 465 pages
File Size : 55,7 Mb
Release : 2005-06
Category : Social Science
ISBN : 9781317436690

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Transforming International Criminal Justice by Mark J. Findlay,Ralph Henham Pdf

This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities

The International Criminal Court

Marlies Glasius
The International Criminal Court Book PDF

Author : Marlies Glasius
Publisher : Routledge
Page : 177 pages
File Size : 45,9 Mb
Release : 2006-03-29
Category : Law
ISBN : 9781134315673

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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?

The Standing of Victims in the Procedural Design of the International Criminal Court

Tatiana Bachvarova
The Standing of Victims in the Procedural Design of the International Criminal Court Book PDF

Author : Tatiana Bachvarova
Publisher : Martinus Nijhoff Publishers
Page : 279 pages
File Size : 52,9 Mb
Release : 2017-05-18
Category : Law
ISBN : 9789004338616

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The Standing of Victims in the Procedural Design of the International Criminal Court by Tatiana Bachvarova Pdf

This book canvasses the autonomous position of victims before the International Criminal Court. It seeks to provide an objective and balanced perspective, and neither rejects the idea of victims’ participation or seeks to extend it beyond the contours determined by the founders of the ICC.

International Criminal Procedure

Linda Carter,Fausto Pocar
International Criminal Procedure Book PDF

Author : Linda Carter,Fausto Pocar
Publisher : Edward Elgar Publishing
Page : 273 pages
File Size : 48,8 Mb
Release : 2013-01-01
Category : Law
ISBN : 9780857939586

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International Criminal Procedure by Linda Carter,Fausto Pocar Pdf

'International Criminal Procedure, edited by two insiders to international criminal proceedings, Professor Linda Carter and Professor Fausto Pocar, a judge at the ICTY and a former President of this Tribunal, is a coherently organized, well-researched, very informative and not the least elegantly-written contribution to a young and rapidly developing legal sub-discipline. The book provides its reader with a highly accessible and up-to date introduction into key elements of international criminal procedure as well as with critical commentary and rich inspiration for improvements of current practices.' – Claus Kreß LL.M. (Cantab.), University of Cologne, Germany and Institute for International Peace and Security Law 'This book addresses compelling issues that have come before international criminal tribunals. They include the self-representation of accused persons, plea bargaining and victim participation. It usefully approaches all of the issues and problems from a comparative law perspective. This excellent and accessible work is essential reading for practitioners, faculty and students of international criminal law.' – Richard Goldstone, Retired Justice of the Constitutional Court of South Africa and for Chief Prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda The emergence of international criminal courts, beginning with the International Criminal Tribunal for the former Yugoslavia and including the International Criminal Court, has also brought an evolving international criminal procedure. In this book, the authors examine selected issues that reflect a blending of, or choice between, civil law and common law models of procedure. The issues include background on civil law and common law legal systems; plea bargaining; witness proofing; written and oral evidence; self-representation and the use of assigned, standby, and amicus counsel; the role of victims; and the right to appeal. International Criminal Procedure will appeal to academics, students, researchers, lawyers and judges working in the field of international criminal law.

International Criminal Procedure: Principles and Rules

Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev,Salvatore Zappalà
International Criminal Procedure Principles and Rules Book PDF

Author : Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev,Salvatore Zappalà
Publisher : OUP Oxford
Page : 1728 pages
File Size : 55,8 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780191632600

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International Criminal Procedure: Principles and Rules by Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev,Salvatore Zappalà Pdf

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.

Victims and the Criminal Trial

Tyrone Kirchengast
Victims and the Criminal Trial Book PDF

Author : Tyrone Kirchengast
Publisher : Springer
Page : 339 pages
File Size : 40,7 Mb
Release : 2016-08-10
Category : Social Science
ISBN : 9781137510006

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Victims and the Criminal Trial by Tyrone Kirchengast Pdf

This book addresses the idea that victims remain contested and controversial participants of justice in the twenty-first century adversarial criminal trial. Victims are increasingly participating in all phases of the criminal trial, with new substantive and procedural rights, many of which may be enforced against the state or defendant. This movement to substantive rights has been contentious, and evidences a contested terrain between lawyers, defendants, policy-makers and even victims themselves. Bringing together substantial source materials from law and policy, this book sets out the rights and powers of the victim throughout the phases of the modern adversarial criminal trial. It examines the role of the victim in pre-trial processes, alternative pathways and restorative intervention, the jury trial, sentencing, appeal and parole. Preventative detention, victim registers, criminal injuries compensation and victim assistance, restitution and reparations, and extra-curial rights and declarations are examined to set out the rights of victims as they impact upon and constitute aspects of the modern criminal trial process. The adversarial criminal trial is also assessed in the context of the increased rights of victims in international law and procedure, and with reference to policy transfer between civil and common law jurisdictions. This timely and comprehensive book will be of great interest to scholars of criminology, criminal law and socio-legal studies.

The Diversification and Fragmentation of International Criminal Law

Larissa van den Herik,Carsten Stahn
The Diversification and Fragmentation of International Criminal Law Book PDF

Author : Larissa van den Herik,Carsten Stahn
Publisher : Martinus Nijhoff Publishers
Page : 735 pages
File Size : 48,6 Mb
Release : 2012
Category : Law
ISBN : 9789004214590

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The Diversification and Fragmentation of International Criminal Law by Larissa van den Herik,Carsten Stahn Pdf

This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Justice for Victims before the International Criminal Court

Luke Moffett
Justice for Victims before the International Criminal Court Book PDF

Author : Luke Moffett
Publisher : Routledge
Page : 321 pages
File Size : 40,5 Mb
Release : 2014-06-27
Category : Law
ISBN : 9781317910824

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Justice for Victims before the International Criminal Court by Luke Moffett Pdf

Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.

Justice for Crimes Against Humanity

Mark Lattimer,Philippe Sands
Justice for Crimes Against Humanity Book PDF

Author : Mark Lattimer,Philippe Sands
Publisher : Bloomsbury Publishing
Page : 514 pages
File Size : 41,5 Mb
Release : 2003-11-27
Category : Law
ISBN : 9781847312433

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Justice for Crimes Against Humanity by Mark Lattimer,Philippe Sands Pdf

The aim of this book is to assess recent developments in international law seeking to bring an end to impunity by bringing to justice those accused of war crimes and crimes against humanity. The book was originally conceived while the editors were engaged, in different capacities, in proceedings relating to the detention of Senator Pinochet in London. The vigorous public debate that attended that case - and related developments in international criminal justice, such as the creation of the International Criminal Court and the trial of former President Milosevic - demonstrate the close connections between the law and wider political or moral questions. In the field of international criminal justice there appeared, therefore, a clear need to distinguish legal from essentially political issues - promoting the application of the law in an impartial and apolitical manner - while at the same time enabling each to legitimately inform the development of the other. The essays in this volume, written by internationally recognised legal experts: scholars, practitioners, judges - explore a wide range of subjects, including immunities, justice in international and mixed courts, justice in national courts, and in a particularly practical section, perspectives offered by experienced practitioners in the field. "This is a welcome collection of papers on criminal justice both at the international and the national level...a book which fills many gaps and adds considerable value by discussing wider policy and moral issues; it is to be recommended to all who are interested in the development of international criminal justice." Elizabeth Wilmshurst, International Affairs

The Right to Be Present at Trial in International Criminal Law

Caleb H. Wheeler
The Right to Be Present at Trial in International Criminal Law Book PDF

Author : Caleb H. Wheeler
Publisher : BRILL
Page : 333 pages
File Size : 52,8 Mb
Release : 2018-10-18
Category : Law
ISBN : 9789004376861

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The Right to Be Present at Trial in International Criminal Law by Caleb H. Wheeler Pdf

In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses how the right to be present is understood by international criminal courts and tribunals in the context of the right to a fair trial.

Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals

Hilmi M. Zawati
Fair Labelling and the Dilemma of Prosecuting Gender Based Crimes at the International Criminal Tribunals Book PDF

Author : Hilmi M. Zawati
Publisher : Oxford University Press
Page : 273 pages
File Size : 42,9 Mb
Release : 2015-11
Category : Law
ISBN : 9780199357116

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Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals by Hilmi M. Zawati Pdf

This scholarly legal work focuses on the dilemma of prosecuting gender-based crimes under the statutes of the international criminal tribunals with reference to the principle of fair labelling. In this book Hilmi M. Zawati explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. This inquiry deals with gender-based crimes as a case study, and with fair labelling as a legal principle and a theoretical framework. Critical and timely, this study contributes to existing scholarship in many different ways. It is the first legal analysis to focus on the dilemma of prosecuting and punishing wartime gender-based crimes in the statutory laws of the international criminal tribunals and the ICC in the context of fair labelling. Moreover, it emphasizes that applying fair labelling to wartime gender-based crimes would enable the tribunals and the ICC to deliver fair judgments, eliminate inconsistent prosecution, overcome shortcomings in addressing gender-based crimes within their jurisprudence, while breaking the cycle of impunity for these crimes. Consisting of two parts, this work begins by outlining the central focus and theoretical legal framework of the study. It concentrates on fair labelling as an imperative legal principle and a legal framework, examines its intellectual development, scope and justification, and illustrates its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.

The Opening Statement of the Prosecution in International Criminal Trials

Sofia Stolk
The Opening Statement of the Prosecution in International Criminal Trials Book PDF

Author : Sofia Stolk
Publisher : Routledge
Page : 168 pages
File Size : 48,8 Mb
Release : 2021-04-19
Category : Law
ISBN : 9781000379020

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The Opening Statement of the Prosecution in International Criminal Trials by Sofia Stolk Pdf

This book addresses the discursive importance of the prosecution’s opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. This book aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times. It takes an interdisciplinary approach and looks at the meaning of the opening narrative beyond its function in the legal process in a strict sense, discussing the ways in which the trial is situated in time and space and how it portrays the main characters. It shows how perpetrators and victims, places and histories, are juridified in a narrative that, whilst purporting to legitimise the trial, the tribunal and international criminal law itself, is beset with tensions and contradictions. Providing an original perspective on the operation of international criminal law, this book will be of considerable interest to those working in this area, as well as those with relevant interests in International/Transnational Law more generally, Critical Legal Studies, Law and Literature, Socio-Legal Studies, Law and Geography and International Relations.

Victims, Atrocity and International Criminal Justice

Rachel Killean
Victims Atrocity and International Criminal Justice Book PDF

Author : Rachel Killean
Publisher : Routledge
Page : 246 pages
File Size : 40,6 Mb
Release : 2018-07-03
Category : Law
ISBN : 9781351733311

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Victims, Atrocity and International Criminal Justice by Rachel Killean Pdf

While international criminal courts have often been declared as bringing ‘justice’ to victims, their procedures and outcomes historically showed little reflection of the needs and interests of victims themselves. This situation has changed significantly over the last sixty years; victims are increasingly acknowledged as having various ‘rights’, while their need for justice has been deployed as a means of justifying the establishment of international criminal courts. However, it is arguable that the goals of political and legal elites continue to be given precedence, and the ability of courts to deliver ‘justice to victims’ remains contested. This book contributes to this important debate through an examination of the role of victims as civil parties within the Extraordinary Chambers in the Courts of Cambodia. Drawing on a series of interviews with civil parties, court practitioners and civil society actors, the book explores the way in which both the ECCC and the role of victims within it are shaped by specific political, economic and legal contexts; examining the ‘gap’ between the legitimising value of the ‘imagined victim’, and the extent to which victims are able to further their interests within the courtroom.