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International Criminal Tribunals
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Book Synopsis The Legitimacy of International Criminal Tribunals by : Nobuo Hayashi
Download or read book The Legitimacy of International Criminal Tribunals written by Nobuo Hayashi and published by Cambridge University Press. This book was released on 2017-01-19 with total page 843 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.
Book Synopsis The UN International Criminal Tribunals by : Klaus Bachmann
Download or read book The UN International Criminal Tribunals written by Klaus Bachmann and published by Routledge. This book was released on 2015-03-24 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are now about to close. Bachmann and Fatic look back at the achievements and shortcomings of both tribunals from an interdisciplinary perspective informed by sociology, political science, history, and philosophy of law and based upon on two key notions: the concepts of legitimacy and efficiency. The first asks to what extent the input (creation) of, the ICTY and the ICTR can be regarded as legitimate in light of the legal and public debate in the early 1990s. The second confronts the output (the procedures and decisions) of the ICTY and the ICTR with the tasks both tribunals were assigned by the UN Security Council, the General Assembly, and by key organs (the president and the chief prosecutors). The authors investigate to what extent the ICTY and the ICTR have delivered the expected results, whether they have been able to contribute to 'the maintenance of peace', 'stabilization' of the conflict regions, or even managed to provide 'reconciliation' to Rwanda. Furthermore, the book is concerned with how many criminals, over whom the ICTY and the ICTR wield jurisdiction, have actually been prosecuted and at what cost. Offering the first balanced and in depth analysis of the International Criminal Tribunals, the volume provides an important insight into what lessons have been learned, and how a deeper understanding of the successes and failures can benefit the international legal community in the future.
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 The UN International Criminal Tribunals by : William A. Schabas
Download or read book The UN International Criminal Tribunals written by William A. Schabas and published by Cambridge University Press. This book was released on 2006-07-20 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.
Book Synopsis International Criminal Tribunals by : Y. Beigbeder
Download or read book International Criminal Tribunals written by Y. Beigbeder and published by Springer. This book was released on 2011-04-28 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book summarizes the work of international criminal courts focusing on the political challenges faced by them. It is a practical, comprehensive manual on the origin and development of international criminal justice and includes the criminal tribunals of Nuremberg, Tokyo, Yugoslavia, Rwanda, East Timor, Sierra Leone, Cambodia, Lebanon, Iraq.
Book Synopsis Linguistic Justice at the International Criminal Tribunal for the Former Yugoslavia by : Besmir Fidahić
Download or read book Linguistic Justice at the International Criminal Tribunal for the Former Yugoslavia written by Besmir Fidahić and published by Cambridge Scholars Publishing. This book was released on 2020-11-24 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first of its kind, this book treats language justice in the realm of the international criminal law, focusing specifically on the International Criminal Tribunal for the Former Yugoslavia (ICTY). Defining linguistic justice to mean whether the parties to the proceedings have been addressed by the ICTY in their own language, this study explores the conditions for the delivery of linguistic justice in a context where language plays a key role in the conflict. After presenting a very brief history of language quarrels in the former Yugoslavia and pointing to a series of examples where the language, and underlying ethnic and national identities, have been used as a tool for a conflict, the book reviews ICTY language laws, language-related case law, and procedural linguistic equality of arms between the ICTY Prosecution and Defense to set the stage for language-related work that had to be carried out by the ICTY’s language services providers. After reviewing the history, the recruitment, professional criteria and standards, and training of all ICTY language professionals, this book explores whether linguistic justice has been served by showing overall outputs in translation and interpretation, overall ethnicity- and nationality-based language service delivery, and translation of the permanent court record. It shows that there is much more to provision of language services at international criminal tribunals adjudicating on ethnically motivated war crimes than traditionally thought, and questions whether any of it make any sense as things stand.
Book Synopsis Court of Remorse by : Thierry Cruvellier
Download or read book Court of Remorse written by Thierry Cruvellier and published by Univ of Wisconsin Press. This book was released on 2010-08-05 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: When genocidal violence gripped Rwanda in 1994, the international community recoiled, hastily withdrawing its peacekeepers. Late that year, in an effort to redeem itself, the United Nations Security Council created the International Criminal Tribunal for Rwanda to seek accountability for some of the worst atrocities since World War II: the genocide suffered by the Tutsi and crimes against humanity suffered by the Hutu. But faced with competing claims, the prosecution focused exclusively on the crimes of Hutu extremists. No charges would be brought against the Tutsi-led Rwandan Patriotic Front, which ultimately won control of the country. The UN, as if racked by guilt for its past inaction, gave in to pressure by Rwanda’s new leadership. With the Hutu effectively silenced, and the RPF constantly reminding the international community of its failure to protect the Tutsi during the war, the Tribunal pursued an unusual form of one-sided justice, born out of contrition. Fascinated by the Tribunal’s rich complexities, journalist Thierry Cruvellier came back day after day to watch the proceedings, spending more time there than any other outside observer. Gradually he gained the confidence of the victims, defendants, lawyers, and judges. Drawing on interviews with these protagonists and his close observations of their interactions, Cruvellier takes readers inside the courtroom to witness the motivations, mechanisms, and manipulations of justice as it unfolded on the stage of high-stakes, global politics. It is this ground-level view that makes his account so valuable—and so absorbing. A must-read for those who want to understand the dynamics of international criminal tribunals, Court of Remorse reveals both the possibilities and the challenges of prosecuting human rights violations. A Choice Outstanding Academic Book Best Books for General Audiences, selected by the American Association for School Libraries and the Public Library Association Best Books for High Schools, selected by the American Association for School Libraries
Book Synopsis International Criminal Tribunals by : Larry May
Download or read book International Criminal Tribunals written by Larry May and published by Cambridge University Press. This book was released on 2017-03-02 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy -- Sovereignty -- Punishment -- Responsibility -- Economics -- Politics -- Evidence -- Fairness -- Concluding remarks
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 Hybrid and Internationalised Criminal Tribunals by : Sarah Williams
Download or read book Hybrid and Internationalised Criminal Tribunals written by Sarah Williams and published by Bloomsbury Publishing. This book was released on 2012-04-02 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years a number of criminal tribunals have been established to investigate, prosecute and try individuals accused of serious violations of international humanitarian law and international human rights law. These tribunals have been described as 'hybrid' or 'internationalised' tribunals as their structure and applicable law consist of both international and national elements. Six such tribunals are currently in operation: the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the International Judges and Prosecutors Programme in Kosovo, the War Crimes Chamber for Bosnia and Herzegovina, the Iraqi High Tribunal and the Special Tribunal for Lebanon. The Special Panels for Serious Crimes in East Timor suspended operation in May 2005, although there continues to be some international involvement in investigation and prosecution of serious crimes. Suggestions have also been made that this model of tribunal would be appropriate for the prosecution of atrocities committed in, among others, Burundi, the Sudan, the Democratic Republic of Congo, Kenya and Liberia, as well as for a wider range of international crimes, most recently piracy. The key aims of this book are: to place the model of hybrid and internationalised tribunals in the context of other mechanisms to try international crimes; to examine the increasing demand for the establishment of hybrid and internationalised judicial institutions and the factors driving such demand; to define the category of 'hybrid and internationalised tribunals' by examining the key features of the existing and proposed hybrid or internationalised tribunals, as well as the features of those institutions with international elements that are generally excluded from this category; to determine the legal and jurisdictional bases of existing hybrid and internationalised tribunals; to analyse how the legal and jurisdictional basis of a tribunal affects other issues, such as the applicable law, the application of amnesties and immunities and the relationship of the tribunal with the host state, third states, national courts and other international criminal tribunals. The book concentrates on the definitional, legal and jurisdictional aspects of hybrid and internationalised criminal tribunals as this has been the subject of some confusion in arguments before the tribunals and in the judgments of the tribunals. In its concluding section, the book examines the future role of internationalised and hybrid criminal tribunals, particularly in light of the establishment of the ICC, and the potential use of such tribunals in other contexts. It also assesses how hybrid and internationalised tribunals fit into a 'multi-layered framework' of international criminal law and transitional justice.
Download or read book Judgment Day written by Rosa Aloisi and published by Cambridge University Press. This book was released on 2017-06-16 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how, after many years of inactivity after the World War II tribunals, judges at the Yugoslav, Rwanda and Sierra Leone tribunals, and to a lesser extent the International Criminal Court, have seized the opportunity to develop international law on war crimes, crimes against humanity and genocide. Meernik and Aloisi argue that judges are motivated by a concern for human rights protection and the legacy of international criminal justice. They have progressively expanded the reach of international law to protect human rights and have used the power of their own words to condemn human rights atrocities. Judges have sentenced the guilty to lengthy and predictable terms in prison to provide justice, deterrence of future violations and even to advance peace and reconciliation. On judgment day, we show that judges have sought to enhance the power of international justice.
Book Synopsis The Legacy of the International Criminal Tribunal for the Former Yugoslavia by : Bert Swart
Download or read book The Legacy of the International Criminal Tribunal for the Former Yugoslavia written by Bert Swart and published by Oxford University Press. This book was released on 2011-05-19 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most prolific international criminal court to date, the International Criminal Tribunal for the Former Yugoslavia had a broad impact on international law, human rights, the creation of the International Criminal Court, and the rule of law in the former Yugoslavia. In this book a group of leading experts take stock of its performance and legacy.
Book Synopsis Histories Written by International Criminal Courts and Tribunals by : Aldo Zammit Borda
Download or read book Histories Written by International Criminal Courts and Tribunals written by Aldo Zammit Borda and published by Springer Nature. This book was released on 2020-12-18 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a more moderate approach to history-writing in international criminal adjudication by articulating the elements of a “responsible history” normative framework. The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives has gained renewed relevance in the context of the recent turn to history in international criminal law, the growing attention to the historical legacies of the ad hoc Tribunals and the minimal attention paid to historical context in the first judgment of the International Criminal Court. The starting point for this discussion is that, in cases of mass atrocities, prosecutors and judges are inevitably understood to be engaged in writing history and influencing collective memory, whether or not they so intend. Therefore, while writing history is an inescapable feature of ICTs, there is still today a significant lack of consensus over the proper place of this function. Since Hannah Arendt articulated her doctrine of strict legality, in response to the prosecutor’s expansive didactic approach in Eichmann, the legal debate on the subject has been largely polarised between restrictive and expansive approaches to history-writing in mass atrocity trials. What has been noticeably missing from this debate is the middle ground. The contribution this book seeks to make is precisely to articulate a framework that occupies that ground. The book asks: what are the lenses through which judges of ICTs interpret historical events, what kind of histories do ICTs write? and what kinds of histories should ICTs produce? Its arguments for a more moderate approach to history-writing are based on three distinct, but interrelated grounds: (1) Truth and Justice; (2) Right to Truth; and (3) Legal Epistemology. Different target audiences may benefit from this book. Court officials and legal practitioners may find the normative framework developed herein useful in addressing the tensions between the competing objectives of ICTs and, in particular, in assessing the value of the history-writing function. Lawyers, historians and other academics may also find the analysis of the strengths, constraints and blind spots of the historical narratives written by ICTs interesting. This issue is particularly timely in view of current debates on the legacies of ICTs. Aldo Zammit Borda is Director of the Centre for Access to Justice and Inclusion at Anglia Ruskin University, Cambridge, UK.
Book Synopsis An Introduction to the Law of International Criminal Tribunals by : Geert-Jan Knoops
Download or read book An Introduction to the Law of International Criminal Tribunals written by Geert-Jan Knoops and published by Martinus Nijhoff Publishers. This book was released on 2014-09-12 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author offers an overview of the most important topics and developments in international criminal law, which are essential to everyone studying and practicing ICL.
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.
Book Synopsis The United States and International Criminal Tribunals by : Harry M. Rhea
Download or read book The United States and International Criminal Tribunals written by Harry M. Rhea and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between the United States and international criminal tribunals dates back to at least World War I. Currently, there are many anti-American criticisms throughout the international legal community concerning the foreign relations policies of the United States - in particular, its position on the International Criminal Court. Written by Harry M. Rhea, an emerging scholar in the field of international criminal justice, this book considers over 150 years of United States policies on international criminal tribunals and the prosecution of international crimes. Relying on archival research, Rhea demonstrates how the United States has remained consistent supporting all multinational and international criminal tribunals without supporting the International Criminal Court. In June 2013 the author, Dr. Harry M. Rhea, was awarded the Roslyn Muraskin Emerging Scholar Award in the US by the Northeastern Assn. of Criminal Justice Sciences in recognition of outstanding scholarly contributions to the advancement of criminal justice within the first five years of his professional career. (Series: Supranational Criminal Law: Capita Selecta - Vol. 14)
Book Synopsis Judicial Creativity at the International Criminal Tribunals by : Shane Darcy
Download or read book Judicial Creativity at the International Criminal Tribunals written by Shane Darcy and published by Oxford University Press. This book was released on 2010-12-16 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the work of the International Criminal Tribunals for the Former Yogoslavia and Rwanda draws to a close, this edited collection appraises their impact. It particularly focuses on the position of judges as lawmakers within these tribunals, shedding light on the profound changes in international criminal law which these judges have instigated.
