Using Old Evidence In Core International Crimes Cases

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Using Old Evidence in Core International Crimes Cases

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
Page : 4 pages
File Size : 43,5 Mb
Release : 2011-10-17
Category : Law
ISBN : 9788293081524

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Using Old Evidence in Core International Crimes Cases by Morten Bergsmo Pdf

Old Evidence and Core International Crimes

Author : Morten Bergsmo,CHEAH Wui Ling
Publisher : Torkel Opsahl Academic EPublisher
Page : 313 pages
File Size : 55,7 Mb
Release : 2012-11-19
Category : Law
ISBN : 9788293081609

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Old Evidence and Core International Crimes by Morten Bergsmo,CHEAH Wui Ling Pdf

It is often only years after the commission of core international crimes that prosecutions and investigations take place. This anthology addresses challenges associated with such delayed justice: the location, treatment, and assessment of old evidence. Part I considers the topic from the perspective of different actors involved in the prosecution of core international crimes at the domestic and international levels. Part II comprises chapters focusing on the efforts of the Bangladeshi authorities to investigate and prosecute international crimes perpetrated during the 1971 war. This book brings together experienced judges, prosecutors, lawyers, scientists, and commentators who have dealt with questions of old evidence in their work. Among the contributors are Shafique Ahmed, Andrew Cayley, David Cohen, Seena Fazel, Siri S. Frigaard, M. Amir-Ul Islam, Md. Shahinur Islam, Agnieszka Klonowiecka-Milart, Alphons M.M. Orie, Stephen J. Rapp, Patrick J. Treanor, Otto Triffterer and Martin Witteveen. The chapters describe the challenges encountered in practice and suggest concrete solutions that can be tailored to fit the circumstances of the case or country. By providing a comprehensive analysis of the relevant problems in this area and a variety of views, this anthology will serve as an invaluable resource for criminal justice actors and researchers seeking to address questions of old evidence.

Pluralism in International Criminal Law

Author : Elies van Sliedregt,Sergey Vasiliev
Publisher : Oxford University Press
Page : 481 pages
File Size : 50,9 Mb
Release : 2014-02
Category : Law
ISBN : 9780198703198

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Pluralism in International Criminal Law by Elies van Sliedregt,Sergey Vasiliev Pdf

"Collection of papers presented at the conference "Pluralism v Harmonization: National Adjudication of International Crimes" that was held in June 2012 in Amsterdam"--Acknowlegements.

Traumatised Witnesses in International Criminal Trials

Author : Suzanne Schot
Publisher : Taylor & Francis
Page : 250 pages
File Size : 53,8 Mb
Release : 2024-02-13
Category : Law
ISBN : 9781003852469

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Traumatised Witnesses in International Criminal Trials by Suzanne Schot Pdf

This book focuses on the testimonial evidence of traumatised witnesses in trials of international crimes, which deal with acts of genocide, war crimes and crimes against humanity. Such trials often involve the testimonies of those who experienced or witnessed extremely traumatic events, which can make it hard for these witnesses to recall specific details. Testifying during trial may in itself also pose challenges to their well-being. Yet the legal process of determining whether someone can be held criminally responsible for the alleged crimes needs to be fair, in accordance with the right to a fair trial of the accused, and the facts need to be determined as accurately as possible. This book argues that to ensure fair and accurate fact-finding when in particular traumatised witnesses testify, a balance needs to be struck between the needs of witnesses who testify about traumatic experiences, the fair trial rights of the accused and the objective of the court to establish as accurately as possible the responsibility of the accused. This is crucial throughout the stages of selecting, preparing, presenting and assessing the testimonial evidence of traumatised witnesses. The methodology involves an analysis of transcripts of proceedings and case law of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Court and Dutch courts prosecuting international crimes. The research demonstrates that it is often difficult to strike a balance between the competing objectives during proceedings when traumatised witnesses testify due to the current lack of regulations and guidelines applicable during investigations and prosecutions. This book shows that this balance can, and should, be achieved when traumatised witnesses testify during criminal proceedings for international crimes. The work is an invaluable resource for researchers, academics and practitioners in criminal law, criminology, legal psychology, legal psychiatry, social anthropology and forensic sciences.

Transitional Justice

Author : Gerhard Werle,Moritz Vormbaum
Publisher : Springer Nature
Page : 160 pages
File Size : 50,8 Mb
Release : 2022-09-08
Category : Law
ISBN : 9783662651513

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Transitional Justice by Gerhard Werle,Moritz Vormbaum Pdf

The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).

National Trials of International Crimes in Bangladesh

Author : M. Rafiqul Islam
Publisher : BRILL
Page : 536 pages
File Size : 45,5 Mb
Release : 2019-03-19
Category : Law
ISBN : 9789004389380

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National Trials of International Crimes in Bangladesh by M. Rafiqul Islam Pdf

This book presents an account and interpretation of the major legal issues arising in course of the trial process and their judicial expositions reflected in the judgments and underscores their precedential significance, legacy, and contribution.

Biolaw and International Criminal Law

Author : Caroline Fournet,Anja Matwijkiw
Publisher : BRILL
Page : 411 pages
File Size : 50,6 Mb
Release : 2020-11-30
Category : Law
ISBN : 9789004364424

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Biolaw and International Criminal Law by Caroline Fournet,Anja Matwijkiw Pdf

Biolaw and International Criminal Law: Towards Interdisciplinary Synergies investigates the foundational, conceptual and interdisciplinary aspects of an emerging field: International Criminal Biolaw.

Confirmation Bias in Criminal Cases

Author : Moa Lidén
Publisher : Oxford University Press
Page : 289 pages
File Size : 43,6 Mb
Release : 2023-04-15
Category : Law
ISBN : 9780192693440

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Confirmation Bias in Criminal Cases by Moa Lidén Pdf

In criminal cases, practitioners such as police officers, crime scene investigators, pathologists, prosecutors, and judges are expected to make decisions that are objective and impartial. However, research since the 1960's into so-called confirmation bias provides persuasive scientific evidence that humans are unable to do so. As flawed investigations and proceedings come to light, the importance of undertaking proper bias mitigation measures is clear. Confirmation Bias in Criminal Cases takes a multi-disciplinary approach to a complex, real-world issue. It lays out the chronology of criminal investigations and proceedings, and assesses how bias plays a role in each stage. It also offers research-based strategies to combat bias, such as independent review, contextual information management, linear sequential unmasking, and structured evaluations of the evidence. This book is vital reading for anyone involved in the criminal justice system. It not only gives a holistic view of the human element of confirmation bias but it also offers strategies for how to address it.

Understanding the Age of Transitional Justice

Author : Nanci Adler
Publisher : Rutgers University Press
Page : 259 pages
File Size : 43,9 Mb
Release : 2018-06-22
Category : Law
ISBN : 9780813597805

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Understanding the Age of Transitional Justice by Nanci Adler Pdf

Since the 1980s, an array of legal and non-legal practices—labeled Transitional Justice—has been developed to support post-repressive, post-authoritarian, and post-conflict societies in dealing with their traumatic past. In Understanding the Age of Transitional Justice, the contributors analyze the processes, products, and efficacy of a number of transitional justice mechanisms and look at how genocide, mass political violence, and historical injustices are being institutionally addressed. They invite readers to speculate on what (else) the transcripts produced by these institutions tell us about the past and the present, calling attention to the influence of implicit history conveyed in the narratives that have gained an audience through international criminal tribunals, trials, and truth commissions. Nanci Adler has gathered leading specialists to scrutinize the responses to and effects of violent pasts that provide new perspectives for understanding and applying transitional justice mechanisms in an effort to stop the recycling of old repressions into new ones.

Invisible Atrocities

Author : Randle C. DeFalco
Publisher : Cambridge University Press
Page : 313 pages
File Size : 51,9 Mb
Release : 2022-03-17
Category : Law
ISBN : 9781108487412

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Invisible Atrocities by Randle C. DeFalco Pdf

This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.

The Backlog of Core International Crimes Case Files in Bosnia and Herzegovina

Author : Morten Bergsmo,Kjetil Helvig,Ilia Utmelidze,Gorana Zagovec
Publisher : Torkel Opsahl Academic EPublisher
Page : 234 pages
File Size : 55,9 Mb
Release : 2010-07-23
Category : Law
ISBN : 9788293081050

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The Backlog of Core International Crimes Case Files in Bosnia and Herzegovina by Morten Bergsmo,Kjetil Helvig,Ilia Utmelidze,Gorana Zagovec Pdf

The International Crimes Tribunal in Bangladesh

Author : Miriam Beringmeier
Publisher : BWV Verlag
Page : 326 pages
File Size : 55,8 Mb
Release : 2018-07-16
Category : Crimes against humanity
ISBN : 9783830538608

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The International Crimes Tribunal in Bangladesh by Miriam Beringmeier Pdf

"The International Crimes Tribunal in Bangladesh was established in 2010 with the aim of bringing to trial perpetrators of crimes committed during the Liberation War in 1971, through which the country seceded from Pakistan. The International Crimes Tribunal is a domestic tribunal based on the International Crimes Tribunals Act from 1973 and the rules of procedure enacted by the Tribunal itself. The initiation of these trials almost 40 years after the war entails several challenges. The publication examines to what extent the Tribunal's legal framework as well as its jurisprudence comply with international standards as established in international treaties, customary international law and in the jurisprudence of international criminal law. To this end, the substantive law and its interpretation as well as the procedural standards applied at these trials are examined thoroughly. At the same time, the analysis takes into account the political environment surrounding the Tribunal's work and assesses its impact on the country?s process of coming to terms with the past."--