Guilty Pleas In International Criminal Law

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Guilty Pleas in International Criminal Law

Nancy Amoury Combs
Guilty Pleas in International Criminal Law Book PDF

Author : Nancy Amoury Combs
Publisher : Stanford University Press
Page : 392 pages
File Size : 42,9 Mb
Release : 2007
Category : Law
ISBN : 0804753520

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Guilty Pleas in International Criminal Law by Nancy Amoury Combs Pdf

International crimes, such as genocide and crimes against humanity, are complex and difficult to prove, so their prosecutions are costly and time-consuming. As a consequence, international tribunals and domestic bodies have recently made greater use of guilty pleas, many of which have been secured through plea bargaining. This book examines those guilty pleas and the methods used to obtain them, presenting analyses of practices in Sierra Leone, East Timor, Cambodia, Argentina, Bosnia, and Rwanda. Although current plea bargaining practices may be theoretically unsupportable and can give rise to severe victim dissatisfaction, the author argues that the practice is justified as a means of increasing the proportion of international offenders who can be prosecuted. She then incorporates principles drawn from the domestic practice of restorative justice to construct a model guilty plea system to be used for international crimes.

Plea Bargaining in National and International Law

Regina Rauxloh
Plea Bargaining in National and International Law Book PDF

Author : Regina Rauxloh
Publisher : Routledge
Page : 298 pages
File Size : 43,5 Mb
Release : 2012
Category : Law
ISBN : 9780415597869

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Plea Bargaining in National and International Law by Regina Rauxloh Pdf

The book sets out in-depth studies of consensual case dispositions in the UK, examining how plea bargaining has developed and spread in England and Wales. It also goes on to discusses in detail the problems that this practise poses for the rule of law by avoiding procedural safe-guards. The book draws on empirical research in its examination of the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied.

The Accusation Model Before the International Criminal Court

Hanna Kuczyńska
The Accusation Model Before the International Criminal Court Book PDF

Author : Hanna Kuczyńska
Publisher : Springer
Page : 409 pages
File Size : 52,6 Mb
Release : 2015-05-07
Category : Law
ISBN : 9783319176260

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The Accusation Model Before the International Criminal Court by Hanna Kuczyńska Pdf

This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland. The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor’s independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor’s discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor’s choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?

Punishment and Process in International Criminal Trials

Ralph Henham
Punishment and Process in International Criminal Trials Book PDF

Author : Ralph Henham
Publisher : Routledge
Page : 281 pages
File Size : 44,7 Mb
Release : 2017-03-02
Category : Social Science
ISBN : 9781351907453

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Punishment and Process in International Criminal Trials by Ralph Henham Pdf

International sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity. In addition to providing a detailed evaluation of the philosophical and theoretical difficulties raised by this rapidly developing area of international criminal justice, this book provides an integrated socio-legal analysis of the law and process of international sentencing. It considers the rationale and development of international sentencing structures and processes, the nature and scope of legal and procedural constraints on decision-making, as well as access to justice and rights issues. The book discusses sentencing within the context of international criminal law and examines internationalized trial processes and alternative mechanisms for resolution. In seeking to comprehend the punishment of international crimes through the comparative contextual analysis of trial processes, it challenges our present understanding of how and why particular sentencing outcomes are produced and the perceived legitimacy of international trial justice.

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 : 42,9 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.

Contemporary International Criminal Law Issues

Takeh B. K. Sendze,Adesola Adeboyejo,Howard Morrison,Sophia Ugwu
Contemporary International Criminal Law Issues Book PDF

Author : Takeh B. K. Sendze,Adesola Adeboyejo,Howard Morrison,Sophia Ugwu
Publisher : Springer Nature
Page : 457 pages
File Size : 51,7 Mb
Release : 2023-03-28
Category : Law
ISBN : 9789462655553

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Contemporary International Criminal Law Issues by Takeh B. K. Sendze,Adesola Adeboyejo,Howard Morrison,Sophia Ugwu Pdf

This book critically analyses diverse international criminal law (ICL) issues in light of recent developments in the international criminal justice system following the pursuit of accountability in Africa and around the world. It gives a scholarly analysis of issues pertaining to ICL and the pursuit of accountability in Africa by way of several topics including universal jurisdiction in Africa, Boko Haram in Nigeria, the legitimacy of the ICTR, the law of genocide committed against the Herero and Nama peoples, the African perspective on international co-operation in criminal matters, the Malabo Protocol, and whether an African Regional Court is a viable alternative to the ICC. Further discussed are other aspects of ICL, such as prosecuting sexual and gender-based crimes at the ICC, sexual and gender-based crimes perpetrated against men, guilty pleas within ICL and slavery within international criminal justice. With this, the book also refers to the jurisprudence of several international courts and tribunals including the ICTR, the ICTY, the SCSL, the ICC, the ECCC, the KSC, and the STL. This timely contributed volume updates international criminal law experts, practitioners, academics, human rights activists and other stakeholders on contemporary developments in ICL and provides recommendations that address accountability for mass atrocity crimes and ideas for strategic ICL litigation at the national, international, regional and sub-regional levels. It will prompt constructive exchanges on what can be improved in prosecuting mass atrocity crimes around the world. Takeh B.K. Sendze is an Advocate and Legal Officer with the United Nations International Residual Mechanism for Criminal Tribunals in Arusha, Tanzania. Adesola Adeboyejo is a Trial Lawyer at the International Criminal Court. Sir Howard Morrison QC is a former International Judge and an Associate Tenant at Doughty Street Chambers in London, United Kingdom. Sophia Ugwu is a Solicitor and Advocate who founded the Centre for African Justice, Peace and Human Rights in The Hague, The Netherlands.

International Criminal Law, Volume 3: International Enforcement

M. Cherif Bassiouni
International Criminal Law Volume 3 International Enforcement Book PDF

Author : M. Cherif Bassiouni
Publisher : BRILL
Page : 762 pages
File Size : 50,6 Mb
Release : 2008-12-31
Category : Law
ISBN : 9789047431459

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International Criminal Law, Volume 3: International Enforcement by M. Cherif Bassiouni Pdf

Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victims’ Rights in International Law).

Fairness and the Goals of International Criminal Trials

Caleb H Wheeler
Fairness and the Goals of International Criminal Trials Book PDF

Author : Caleb H Wheeler
Publisher : Taylor & Francis
Page : 170 pages
File Size : 47,7 Mb
Release : 2023-04-28
Category : Law
ISBN : 9781000854848

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Fairness and the Goals of International Criminal Trials by Caleb H Wheeler Pdf

This book presents a ground-breaking, interdisciplinary study into the various goals assigned to international criminal trials. It starts from the proposition that no hierarchy exists amongst the different goals meaning that trials should strive to achieve all of them in equal measure. This is made difficult by the fact that not all of these goals are compatible and the fulfilment of one may lead to others going unmet. Therefore, a balance must be found if the goals of trial are to be achieved at all. The book posits that fairness should serve as the guiding principle when weighing the different trial goals against one another. It is argued that without fairness international and internationalised criminal courts and tribunals lack legitimacy and without legitimacy they lack effectiveness. The book concludes that international criminal trials must adopt procedures that emphasise fairness to all of the parties and trial participants if they wish to accomplish any of the goals set for them. Each chapter is devoted to identifying and explaining a different trial goal, providing analysis of how that particular goal functions in conjunction with the other goals, and discussing the ways in which a fairness-oriented trial model will help achieve those goals. The book provides a dynamic understanding of the different trial goals and the importance of fairness in the trial process by drawing on research from a variety of different legal disciplines while also incorporating scholarship rooted in criminology, political theory, international relations, and psychology. The book will be essential reading for researchers, academics and professionals working in the areas of International Criminal Law, Public International Law and Transitional Justice.

Sentencing in International Criminal Law

Silvia D'Ascoli
Sentencing in International Criminal Law Book PDF

Author : Silvia D'Ascoli
Publisher : Bloomsbury Publishing
Page : 468 pages
File Size : 54,8 Mb
Release : 2011-04-01
Category : Law
ISBN : 9781847316448

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Sentencing in International Criminal Law by Silvia D'Ascoli Pdf

This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.

Avoiding a Full Criminal Trial

Koen Vriend
Avoiding a Full Criminal Trial Book PDF

Author : Koen Vriend
Publisher : Springer
Page : 273 pages
File Size : 55,8 Mb
Release : 2016-10-12
Category : Law
ISBN : 9789462651531

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Avoiding a Full Criminal Trial by Koen Vriend Pdf

In modern societies, full criminal trials are avoided on many occasions. This book is concerned with mechanisms that either divert from or speed up the proceedings. Koen Vriend argues that the fair trial rights as established by the European Court of Human Rights under Article 6 ECHR provide a normative framework that does not only apply in a full criminal trial, but that it can also be used for diverted and shortened proceedings. He shows that the concept of fairness—as derived from ECtHR case law—is a fundamental principle that underlies all criminal law enforcement. It provides for the appropriate framework to assess whether diverted or shortened proceedings are fair and legitimate. The book is intended for criminal law scholars and practitioners and human rights scholars. Dr. Koen Vriend is a Lecturer of Criminal Law and Criminal Procedural Law at the University of Amsterdam.

The Trial Proceedings Of The International Criminal Court

Notburga K. Calvo-Goller
The Trial Proceedings Of The International Criminal Court Book PDF

Author : Notburga K. Calvo-Goller
Publisher : BRILL
Page : 593 pages
File Size : 48,5 Mb
Release : 2006
Category : Law
ISBN : 9789004149311

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The Trial Proceedings Of The International Criminal Court by Notburga K. Calvo-Goller Pdf

Contains the trial proceedings of the International Criminal Court, the ICTY and the ICTR in one single volume. This book covers the procedural and evidentiary aspects of the trials before the ICC from the beginning of an investigation until the time the convict has served the sentence and it includes ICTY and ICTR precedents.

The International Criminal Court in Turbulent Times

Gerhard Werle,Andreas Zimmermann
The International Criminal Court in Turbulent Times Book PDF

Author : Gerhard Werle,Andreas Zimmermann
Publisher : Springer
Page : 174 pages
File Size : 53,8 Mb
Release : 2019-06-29
Category : Law
ISBN : 9789462653030

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The International Criminal Court in Turbulent Times by Gerhard Werle,Andreas Zimmermann Pdf

The chapters in this book are reworkings of presentations given during a conference held in 2018 at the German Embassy to the Netherlands in The Hague on the occasion of the 20th anniversary of the adoption of the Rome Statute. They provide an in-depth analysis of major points of contention the International Criminal Court (ICC) is currently facing, such as, inter alia, head of state immunities, withdrawal from the Rome Statute, the exercise of jurisdiction vis-à-vis third-party nationals, the activation of the Court’s jurisdiction regarding the crime of aggression, as well as the relationship of the Court with both the Security Council and the African Union, all of which are issues that have a continued relevance and carry a particular controversy. The collection provides insights from both practitioners, including judges of the ICC, and diplomats who participated in the negotiations leading to the adoption of the Rome Statute, as well as well-known academics from various parts of the world working in the field of international criminal law. The aim of the book is not only to inform and stimulate academic debate on the topic, but also to serve as an instrument for lawyers involved in the practice of international criminal law. Gerhard Werle is Professor at the Faculty of Law of the Humboldt-University in Berlin, Germany and Andreas Zimmermann is Professor at the Faculty of Law of the University of Potsdam in Germany. Jürgen Bering, who worked on this book as assistant editor, is an Associate at Dentons, Berlin and a PhD candidate at the Martin Luther University, Halle-Wittenberg, Germany.

The Defendant in International Criminal Proceedings

Björn Elberling
The Defendant in International Criminal Proceedings Book PDF

Author : Björn Elberling
Publisher : Bloomsbury Publishing
Page : 270 pages
File Size : 48,7 Mb
Release : 2012-08-31
Category : Law
ISBN : 9781847319968

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The Defendant in International Criminal Proceedings by Björn Elberling Pdf

It is often said that criminal procedure should ensure that the defendant is a subject, not just an object, of proceedings. This book asks to what extent this can be said to be true of international criminal trials. The first part of the book aims to find out the extent to which defendants before international criminal courts are able to take an active part in their trials. It takes an in-depth look at the procedural regimes of international courts, viewed against a benchmark provided by national provisions representing the main traditions of criminal procedure and by international human rights law. The results of this comparative endeavour are then used to shed light, from a practical point of view, on the oft-debated question whether (international) criminal trials should be used as a tool for writing history or whether, as claimed by Martti Koskenniemi, pursuing this goal leads to a danger of “show trials”.

The Criminal Law of Genocide

Paul Behrens
The Criminal Law of Genocide Book PDF

Author : Paul Behrens
Publisher : Routledge
Page : 300 pages
File Size : 42,5 Mb
Release : 2016-03-16
Category : Law
ISBN : 9781317036975

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The Criminal Law of Genocide by Paul Behrens Pdf

This collection of essays presents a contextual view of genocide. The authors, who are academic authorities and practitioners in the field, explore the legal treatment, but also the social and political concepts and historical dimensions of the crime. They also suggest alternative justice solutions to the phenomenon of genocide. Divided into five parts, the first section offers an historical perspective of genocide. The second consists of case studies examining recent atrocities. The third section examines differences between legal and social concepts of genocide. Part four discusses the treatment of genocide in courts and tribunals throughout the world. The final section covers alternatives to trial justice and questions of prevention and sentencing.

Towards the Development of the International Penal System

Róisín Mulgrew
Towards the Development of the International Penal System Book PDF

Author : Róisín Mulgrew
Publisher : Cambridge University Press
Page : 435 pages
File Size : 43,7 Mb
Release : 2013-07-11
Category : Law
ISBN : 9781107276642

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Towards the Development of the International Penal System by Róisín Mulgrew Pdf

Based on extensive empirical research, this groundbreaking book describes and analyses existing systems for enforcing sentences of imprisonment imposed by international criminal courts and makes recommendations for the strategic and structural development of the international penal system. In particular, it advocates a resocialisation-focused international penal policy delivered using restorative justice modalities post-conviction and the creation of an accountable international prison system. Singly or combined, these developments will contribute to the institutionalisation of the international penal system and enhance the international nature of the sanction, the international control over the way international punishment is enforced and the equal treatment of international prisoners. These developments will also help to ensure that international punishment is principled and progressive and implemented in a humane and effective system.