Fairness And The Goals Of International Criminal Trials

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Fairness and the Goals of International Criminal Trials

Author : Caleb H Wheeler
Publisher : Taylor & Francis
ISBN 13 : 1000854841
Total Pages : 170 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Fairness and the Goals of International Criminal Trials by : Caleb H Wheeler

Download or read book Fairness and the Goals of International Criminal Trials written by Caleb H Wheeler and published by Taylor & Francis. This book was released on 2023-04-28 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Fairness and the Goals of International Criminal Trials

Author : Caleb Henry Wheeler
Publisher :
ISBN 13 : 9781032437309
Total Pages : 0 pages
Book Rating : 4.4/5 (373 download)

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Book Synopsis Fairness and the Goals of International Criminal Trials by : Caleb Henry Wheeler

Download or read book Fairness and the Goals of International Criminal Trials written by Caleb Henry Wheeler and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--

Fairness in International Criminal Trials

Author : Yvonne McDermott
Publisher : Oxford University Press
ISBN 13 : 0191060402
Total Pages : 220 pages
Book Rating : 4.1/5 (91 download)

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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 220 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 should 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.

Avoiding a Full Criminal Trial

Author : Koen Vriend
Publisher : Springer
ISBN 13 : 9462651531
Total Pages : 273 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Avoiding a Full Criminal Trial by : Koen Vriend

Download or read book Avoiding a Full Criminal Trial written by Koen Vriend and published by Springer. This book was released on 2016-10-12 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Punishing Atrocities through a Fair Trial

Author : Jonathan Hafetz
Publisher : Cambridge University Press
ISBN 13 : 1108692532
Total Pages : 204 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Punishing Atrocities through a Fair Trial by : Jonathan Hafetz

Download or read book Punishing Atrocities through a Fair Trial written by Jonathan Hafetz and published by Cambridge University Press. This book was released on 2018-04-19 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decades, international criminal law has evolved to become the operative norm for addressing the worst atrocities. Tribunals have conducted hundreds of trials addressing mass violence in the former Yugoslavia, Rwanda, Sierra Leone, Cambodia, and other countries to bring to justice perpetrators of genocide, war crimes, and crimes against humanity. But international courts have struggled to hold perpetrators accountable for these offenses while still protecting the fair trial rights of defendants. Punishing Atrocities through a Fair Trial explores this tension, from criticism of the Nuremberg Trials as 'victor's justice' to the accusations of political motivations clouding prosecutions today by the International Criminal Court. It explains why international criminal law must adhere to transparent principles of legality and due process to ensure its future as a legitimate and viable legal regime.

The Right to Be Present at Trial in International Criminal Law

Author : Caleb H. Wheeler
Publisher : BRILL
ISBN 13 : 9004376860
Total Pages : 333 pages
Book Rating : 4.0/5 (43 download)

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

Download or read book The Right to Be Present at Trial in International Criminal Law written by Caleb H. Wheeler and published by BRILL. This book was released on 2018-10-18 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Evidence in International Criminal Trials

Author : Mark Klamberg
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900423652X
Total Pages : 600 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Evidence in International Criminal Trials by : Mark Klamberg

Download or read book Evidence in International Criminal Trials written by Mark Klamberg and published by Martinus Nijhoff Publishers. This book was released on 2013-03-27 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Evidence in International Criminal Trials Mark Klamberg compares procedural activities relevant for international criminal tribunals and the International Criminal Court, including evaluation, collection, disclosure, admissibility and presentation of evidence. The author analyses what objectives are recognized in relation to the aforementioned procedural activities and whether it is possible to establish a priority between them. The concept of “robustness” is introduced to discuss the quantity of evidence in addition to concepts that deal with quality. Finally, the exclusion of every reasonable hypothesis of innocence method is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence. The book seeks to provide guidance on how to confront legal as well as factual issues.

International Criminal Procedure: Principles and Rules

Author : Göran Sluiter
Publisher : OUP Oxford
ISBN 13 : 0191632600
Total Pages : 1728 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Criminal Procedure: Principles and Rules by : Göran Sluiter

Download or read book International Criminal Procedure: Principles and Rules written by Göran Sluiter and published by OUP Oxford. This book was released on 2013-03-21 with total page 1728 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Fairness and Rights in International Criminal Procedure

Author : Sophie Rigney
Publisher : EUP
ISBN 13 : 9781474466318
Total Pages : 0 pages
Book Rating : 4.4/5 (663 download)

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Book Synopsis Fairness and Rights in International Criminal Procedure by : Sophie Rigney

Download or read book Fairness and Rights in International Criminal Procedure written by Sophie Rigney and published by EUP. This book was released on 2024-02-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an indepth critical analysis of procedural decisions at the ICTY and ICC between 2008 and 2018, Rigney shows that there is a clear separation between fairness and rights in practice. She demonstrates tthat fairness is invoked in international criminal law decisions in inconsistent ways that are frequently at odds with defendants' rights.

International Criminal Justice

Author : Gideon Boas
Publisher : Edward Elgar Publishing
ISBN 13 : 1781005605
Total Pages : 335 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis International Criminal Justice by : Gideon Boas

Download or read book International Criminal Justice written by Gideon Boas and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.

International Criminal Justice

Author : Michael Bohlander
Publisher : Cameron May
ISBN 13 : 1905017448
Total Pages : 506 pages
Book Rating : 4.9/5 (5 download)

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Book Synopsis International Criminal Justice by : Michael Bohlander

Download or read book International Criminal Justice written by Michael Bohlander and published by Cameron May. This book was released on 2007 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.

Exploring the Boundaries of International Criminal Justice

Author : Mark Findlay
Publisher : Routledge
ISBN 13 : 1317137167
Total Pages : 296 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Exploring the Boundaries of International Criminal Justice by : Mark Findlay

Download or read book Exploring the Boundaries of International Criminal Justice written by Mark Findlay and published by Routledge. This book was released on 2016-04-15 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.

Illicitly Obtained Evidence at the International Criminal Court

Author : Petra Viebig
Publisher : Springer
ISBN 13 : 9462650934
Total Pages : 294 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Illicitly Obtained Evidence at the International Criminal Court by : Petra Viebig

Download or read book Illicitly Obtained Evidence at the International Criminal Court written by Petra Viebig and published by Springer. This book was released on 2016-01-04 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.

A Fair Trial at the International Criminal Court?

Author : Elmar Widder
Publisher : PL Academic Research is
ISBN 13 : 9783631675663
Total Pages : 0 pages
Book Rating : 4.6/5 (756 download)

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Book Synopsis A Fair Trial at the International Criminal Court? by : Elmar Widder

Download or read book A Fair Trial at the International Criminal Court? written by Elmar Widder and published by PL Academic Research is. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book approaches the question of whether or not the court procedure at the International Criminal Court (ICC) can be regarded as fair from two angles: First, does the ICC provide a fair trial according to the accepted standards of international human rights law? Secondly, is it substantively fair so as to establish the legitimacy of the court on a sound footing? Practitioners and academics are increasingly conscious of the need for an approach to evidence which spans civil law and common law traditions, national and international law. This is what this monograph does, in meticulous detail, for the law of confrontation and disclosure.

Fairness in International Criminal Trials

Author : Yvonne McDermott
Publisher : Oxford University Press
ISBN 13 : 0191060410
Total Pages : 220 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Fairness in International Criminal Trials by : Yvonne McDermott

International Criminal Evidence

Author : Richard May
Publisher : BRILL
ISBN 13 : 9004479643
Total Pages : 393 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis International Criminal Evidence by : Richard May

Download or read book International Criminal Evidence written by Richard May and published by BRILL. This book was released on 2021-10-25 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides practitioners, scholars and students with an in-depth analysis of the law of evidence before international criminal tribunals. It treats subjects such as admissibility; hearsay; identification evidence; forensic and documentary evidence. It also discusses procedural issues arising from fair trial rights, state cooperation, witness protection, and the compulsive powers of the court. The main focus of this work is the practice of the United Nations ad hoc International Criminal Tribunals for the former Yugoslavia and Rwanda. However, it traces the developments of the law of evidence back to the trials conducted by the Allied powers after the Second World War. The authors also discuss the future of the law in this field, with comments on the projected implementation of the Statute and the Rules of Procedure of the permanent International Criminal Court. They conclude with some general remarks on trends in international criminal evidence that will be helpful to international tribunals, "mixed" tribunals (such as those proposed for Sierra Leone and Cambodia), and national courts alike. Published under the Transnational Publishers imprint.

Strengthening the Validity of International Criminal Tribunals

Author : Joanna Nicholson
Publisher : BRILL
ISBN 13 : 9004343776
Total Pages : 383 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Strengthening the Validity of International Criminal Tribunals by : Joanna Nicholson

Download or read book Strengthening the Validity of International Criminal Tribunals written by Joanna Nicholson and published by BRILL. This book was released on 2018-05-03 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strengthening the Validity of International Criminal Tribunals provides multi-disciplinary perspectives concerning ways in which international criminal tribunals can be made more valid and effective in a time of uncertainty for the field of international criminal justice.