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Assessing The Legacy Of The Icty
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Book Synopsis Assessing the Legacy of the ICTY by : Richard H. Steinberg
Download or read book Assessing the Legacy of the ICTY written by Richard H. Steinberg and published by Martinus Nijhoff Publishers. This book was released on 2011-05-23 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Legacy of Ad Hoc Tribunals in International Criminal Law by : Milena Sterio
Download or read book The Legacy of Ad Hoc Tribunals in International Criminal Law written by Milena Sterio and published by Cambridge University Press. This book was released on 2019-02-21 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses the legacy and impact of the ICTY and ICTR, focusing on their most significant legal achievements in international criminal law.
Book Synopsis Some Kind of Justice by : Diane Orentlicher
Download or read book Some Kind of Justice written by Diane Orentlicher and published by Oxford University Press. This book was released on 2018-03-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: An internationally-renowned scholar in the fields of international and transitional justice, Diane Orentlicher provides an unparalleled account of an international tribunal's impact in societies that have the greatest stake in its work. In Some Kind of Justice: The ICTY's Impact in Bosnia and Serbia, Orentlicher explores the evolving domestic impact of the International Criminal Tribunal for the former Yugoslavia (ICTY), which operated longer than any other international war crimes court. Drawing on hundreds of research interviews and a rich body of inter-disciplinary scholarship, Orentlicher provides a path-breaking account of how the Tribunal influenced domestic political developments, victims' experience of justice, acknowledgement of wartime atrocities, and domestic war crimes prosecutions, as well as the dynamic factors behind its evolving influence in each of these spheres. Highlighting the perspectives of Bosnians and Serbians, Some Kind of Justice offers important and practical lessons about how international criminal courts can improve the delivery of justice.
Book Synopsis The Legacy of Nuremberg by : David A. Blumenthal
Download or read book The Legacy of Nuremberg written by David A. Blumenthal and published by Martinus Nijhoff Publishers. This book was released on 2008 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual criminal responsibility under international law and argue that the international community has to some extent failed to fulfil the promise of Nuremberg in the decades since the Trial. Other essays focus on contemporary application of aspects of the substantive law of Nuremberg - particularly the international crime of aggression, the law of military occupation and the use of the crime of conspiracy as an alternative basis of criminal responsibility. The collection also includes essays analysing the nature and operation of a number of international criminal tribunals since Nuremberg including the permanent International Criminal Court. The final grouping of essays focus on the impact of the Nuremberg Trial on Australia examining, in particular, Australia's post-World War Two war crimes trials of Japanese defendants, Australia's extensive national case law on Article 1(F) of the Refugee Convention and Australia's national implementing legislation for the Rome Statute.
Book Synopsis International Criminal Justice by : Professor Roberto Bellelli
Download or read book International Criminal Justice written by Professor Roberto Bellelli and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice by using case studies to provide advice for possible future developments in international criminal procedure and law.
Book Synopsis The Sierra Leone Special Court and its Legacy by : Charles Chernor Jalloh
Download or read book The Sierra Leone Special Court and its Legacy written by Charles Chernor Jalloh and published by Cambridge University Press. This book was released on 2013-12-16 with total page 823 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Special Court for Sierra Leone (SCSL) is the third modern international criminal tribunal supported by the United Nations and the first to be situated where the crimes were committed. This timely, important and comprehensive book is the first to critically assess the impact and legacy of the SCSL for Africa and international criminal law. Contributors include leading scholars and respected practitioners with inside knowledge of the tribunal, who analyze cutting-edge and controversial issues with significant implications for international criminal law and transitional justice. These include joint criminal enterprise; forced marriage; enlisting and using child soldiers; attacks against United Nations peacekeepers; the tension between truth commissions and criminal trials in the first country to simultaneously have the two; and the questions of whether it is permissible under international law for states to unilaterally confer blanket amnesties to local perpetrators of universally condemned international crimes.
Book Synopsis The Extraordinary Chambers in the Courts of Cambodia by : Simon M. Meisenberg
Download or read book The Extraordinary Chambers in the Courts of Cambodia written by Simon M. Meisenberg and published by Springer. This book was released on 2016-03-30 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC’s hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed assessment of their legacies and contribution to international criminal law. The collection, containing 20 chapters from leading scholars and practitioners with inside knowledge of the ECCC, discuss the most pressing topics and its implications for international criminal law. These include the establishment of the ECCC, subject matter crimes, joint criminal enterprise and procedural aspects, including questions regarding the trying of frail accused persons and the admission of torture statements into evidence. Simon M. Meisenberg is an Attorney-at-Law in Germany, formerly he was a Legal Advisor to the ECCC and a Senior Legal Officer at the Special Court for Sierra Leone. Ignaz Stegmiller is Coordinator for the International Programs of the Faculty of Law at the Franz von Liszt Institute for International and Comparative Law, Giessen, Germany.
Book Synopsis The Legal Legacy of the Special Court for Sierra Leone by : Charles C. Jalloh
Download or read book The Legal Legacy of the Special Court for Sierra Leone written by Charles C. Jalloh and published by Cambridge University Press. This book was released on 2020-07-16 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the first treaty-based UN international tribunal's judges innovatively applied the law to perpetrators of international crimes in one of the worst conflicts in recent history.
Book Synopsis The Legacy of the International Criminal Tribunal for the Former Yugoslavia by : the late Bert Swart
Download or read book The Legacy of the International Criminal Tribunal for the Former Yugoslavia written by the late Bert Swart and published by Oxford University Press. This book was released on 2011-05-19 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established in 1993 and is due to complete its trials by 2011. Easily the most credible and prodigious of the international tribunals established in this period, the ICTY is by far the most important source of case law on international criminal law. This is reflected in the citations it receives by other courts and by learned commentators. Long after its dissolution, the ICTY will most likely serve as an important frame of reference for the International Criminal Court and other courts dealing with international crimes, including national courts. The publication of this book coincides with the year of cessation of trial activity at the ICTY. Its purpose is to mark this significant milestone in international law with a series of in-depth, critical reflections on the institution's legacy by eminent scholars and practitioners. In the course of seventeen chapters, the contributing authors analyse the main features of the ICTY's work in an unprecedented examination of the institution's legitimacy, core principles, methodologies, unstated assumptions, political circumstances, and impact-and indeed, its legacy.
Book Synopsis Legacies of the International Criminal Tribunal for the Former Yugoslavia by : Carsten Stahn
Download or read book Legacies of the International Criminal Tribunal for the Former Yugoslavia written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2020-06-11 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction: Legacy as Dialogue: Reflecting on the ICTY Experience / Carsten Stahn. - PART I OPENING REFLECTIONS. - 1 The Last Testament of the ICTY / Carmel Agius. - 2 Making Complementarity a Reality: The Experiences of the ICTY and IRMCT Office of the Prosecutor / Serge Brammertz. - 3 The ICTY and the Defence Legacy: The Association of Counsel Practising Before the ICTY / Colleen Rohan. - 4 The Moral Legacy of the ICTY, Miguel de Serpa Soares. - PART II LEGACY LENSES, THEORIZATIONS, AND NARRATIVES. - 5 The ICTY is Dead! Long Live the ICTY!: ICTY Legacies in Perspective / Carsten Stahn. - 6 Legacies in the Making at the ICTY / Viviane E. Dittrich. - 7 The Narrative Legacies of Exceptional Crime: The Prosecutor as a Peacebuilder / Simone Gigliotti and Amber Pierce. - 8 Meandering Jurisprudence and Unanticipated Legacies: The ICTY's Reach into Domestic Civil Litigation / Mark Drumbl, - PART III EXPRESSIVE PRACTICES, JUDICIAL RECORD, HISTORY, AND TRUTH. - 9 Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia / Marina Aksenova. - 10 A Partial View of History: ICTY Judgments as 'Judicial Truths' / Luigi Prosperi and Aldo Zammit Borda . - 11 Handle with Care: ICTY, Juridical By-products, and Criminological Analyses / Andy Aydin-Aitchiso. - PART IV EVIDENCE, WITNESS TESTIMONY, AND WITNESS EXPERIENCES. - 12 Lessons Learned from the Use of DNA Evidence in Srebrenica-related Trials at the ICTY / Kweku Vanderpuye and Christopher Mitchell, - 13 Whither Thou Truth and Justice: Witness Perceptions About their Contributions to the ICTY / Kimi Lynn King and James Meernik. - PART V CRIMINAL PROCEDURE, COURT MANAGEMENT, AND OUTREACH. - 14 Defence Investigative Ethics: Practical Lessons from the ICTY's Legacy for Counsel Practising in the Region / Michael G. Karnavas. - 15 Judgments and Judgment Drafting, / Thomas Wayde Pittman and Marko Divac Öberg. - 16 Muzzling the Press: When Does the Law Justify Reporting Restrictions? Contempt Cases Against Journalists at the ICTY and Beyond / Audrey Fino and Sandra Sahyouni. - 17 Translating and Interpreting at the ICTY: Lessons Learned / Ellen Elias-Bursać. - 18 Was it Worth it? A Look into the Results of the ICTY's Outreach Programme / Petar Finci. - 19 The Legacy of Youth Outreach at the International Criminal Tribunal for the Former Yugoslavia / Adrian Plevin. - PART VI PUNISHMENT, SENTENCING, AND BEYOND. - 20 Punishing for Humanity: The Sentencing Legacy of the ICTY / Margaret M. deGuzman. - 21Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina / Barbora Holá. - 22 When Justice is Done: The ICTY and the Post-trial Phase / Joris van Wijk and Barbora Holá . - PART VII IMPACT ON DOMESTIC LEGAL SYSTEMS. - 23 Narratives of Justice and War in Croatia / Ivor Sokolić. - 24 The Legacy of the ICTY: The Three-tiered Approach to Justice in Bosnia-Herzegovina and Benchmarks for Measuring Success / Jennifer Trahan and Iva Vukušić. - 25 Cooperation between Serbia and the ICTY for the Investigation and Prosecution of Violations of International Humanitarian Law / Tatjana Dawson and Ljiljana Hellman. - 26 'We Learnt that from The Hague': How the ICTY Influenced the Fairness of Criminal Trials in the Former Yugoslavia / Kei Hannah Brodersen. - PART VIII SOCIETAL IMPACT, RECEPTION, AND GAPS. - 27 The Peace versus Justice Debate Revisited: The ICTY's Impact on the Bosnian Peace Process / Jacqueline R. McAllister. - 28 Croatia's Homeland War, the Battles Over Victor's Justice, and the Legacy of the ICTY / Victor Peskin. - 29 The (Lack of) Impact of the ICTY on the Public Memory of the War in Bosnia and Herzegovina / Jovana Mihajlović Trbovc. - 30 The Broken Path to Reconciliation in Bosnia and Herzegovina: A Field Study of Memories / Rosa Aloisi. - 31 The ICTY, Truth, and Reconciliation: A Meta Reconceptualization / Janine Natalya Clark.
Book Synopsis Transitional Justice and Reconciliation by : Martina Fischer
Download or read book Transitional Justice and Reconciliation written by Martina Fischer and published by Routledge. This book was released on 2015-11-06 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.
Book Synopsis Promoting Accountability under International Law for Gross Human Rights Violations in Africa by : Charles Chernor Jalloh
Download or read book Promoting Accountability under International Law for Gross Human Rights Violations in Africa written by Charles Chernor Jalloh and published by BRILL. This book was released on 2015-07-14 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Promoting Accountability under International Law for Gross Human Rights Violations in Africa is pre-eminently a study on the work and contribution of the first international judicial mechanism, the International Criminal Tribunal for Rwanda (ICTR), devoted exclusively to challenging impunity for serious international crimes committed in Africa. This volume is dedicated to the eminent international jurist Justice Hassan Bubacar Jallow, the Tribunal’s longest serving Chief Prosecutor and the first prosecutor of the United Nations Mechanism for International Criminal Tribunals. The noted scholar and practitioner contributors discuss various aspects of the law, jurisprudence and practice of the Tribunal over its twenty year existence, while also drawing lessons for current and future international courts such as the International Criminal Court. Themes covered include the role of the international prosecutor; the prosecution of sexual and gender-based crimes; the relationship between national and international courts; the role of other international institutions in challenging impunity; and the role of African languages in international criminal trials. Given its wide ranging substantive coverage, this book will be invaluable to anyone interested in criminal justice, human rights and humanitarian law whether in Africa or other parts of the world.
Book Synopsis Arcs of Global Justice by : Margaret M. DeGuzman
Download or read book Arcs of Global Justice written by Margaret M. DeGuzman and published by Oxford University Press. This book was released on 2018 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: M. Cherif Bassiouni / Human rights and international criminal justice in the twenty first century : the end of the post-WWII phase and the beginning of an uncertain new era -- Thomas A. Cromwell and Bruno Gélinas-Faucher, William Schabas / The Canadian Charter of rights and freedoms, and international human rights law -- Emmanuel Decaux / The International Convention on the Protection of All Persons from Enforced Disappearance, as a victim-oriented treaty --Kathleen Cavanaugh and Joshua Castellino / The politics of sectarianism and its reflection in questions of international law & state formation in The Middle East -- Sandra L. Babcock / International law and the death penalty : a toothless tiger, or a meaningful force for change? -- Marc Bossuyt / The UN optional protocol on the abolition of the death penalty --Christof Heyns and Thomas Probert and Tess Borden / The right to life and the progressive abolition of the death penalty -- Zhao Bingzhi / Progress and trend of the reform of the death penalty in China -- Margaret M. DeGuzman / Criminal law philosophy in international criminal law scholarship -- Frédéric Mégret / Is the ICC focusing too much on non-state actors? -- Shane Darcy / The principle of legality at the crossroads of human rights and international criminal law -- Alain Pellet / Revisiting the sources of applicable law before the ICC -- Mireille Delmas-Marty / The ICC as a work in progress, for a world in process -- Carsten Stahn / Legacy in international criminal justice -- Andrew Clapham and Paola Gaeta / Torture by private actors and 'gold plating' the offence in national law : an exchange of emails in honour of William Schabas -- Hirad Abtahi and Philippa Webb / Secrets and surprises in the Travaux préparatoires of the genocide convention -- Jérémie Gilbert / Perspectives on cultural genocide : from criminal law to cultural diversity -- Beth Van Schaack / Crimes against humanity : repairing Title 18's blind spots -- Leila Nadya Sadat / A new global treaty on crimes against humanity : future prospects -- Mark A. Drumbl / Justice outside of criminal courtrooms and jailhouses -- Charles Chernor Jalloh / Toward greater synergy between courts and truth commissions in post-conflict contexts : lessons from Sierra Leone -- Geoffrey Nice and Nevenka Tromp / Criminal trial as a tool to control historical narrative -- Mary Ellen O'Connell / The arc toward justice and peace -- Adama Dieng / The maintenance of international peace and security through prevention of atrocity crimes : the question of co-operation between the UN and regional arrangements -- Emma Sandon / Law and film : curating rights cinema -- Wayne Jordash / The role of advocates in developing international law -- Diane Marie Amann / Bill the blogger
Book Synopsis War Crimes Tribunals and Transitional Justice by : Madoka Futamura
Download or read book War Crimes Tribunals and Transitional Justice written by Madoka Futamura and published by Routledge. This book was released on 2007-10-11 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advocates of theNuremberg legacy emphasize the positive impact of the individualization of responsibility and the establishment of an historical record through judicial procedures forwar crimes. This legacy has been cited in the context of the establishment and operation of the UN ad hoc International Criminal Tribunals in the 1990s, as well
Book Synopsis Fairness in International Criminal Trials by : Yvonne McDermott
Download or read book Fairness in International Criminal Trials written by Yvonne McDermott and published by Oxford University Press. This book was released on 2016-01-21 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 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.
Book Synopsis Justice as Message by : Carsten Stahn
Download or read book Justice as Message written by Carsten Stahn and published by Oxford University Press. This book was released on 2020-05-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.
Book Synopsis The International Criminal Court by : Marlies Glasius
Download or read book The International Criminal Court written by Marlies Glasius and published by Routledge. This book was released on 2006-03-29 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
