Practice And Procedure Of The International Criminal Tribunal For The Former Yugoslavia

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Practice and Procedure of the International Criminal Tribunal for the Former Yugoslavia

Author : Eugene O'Sullivan
Publisher : BRILL
ISBN 13 : 9004502793
Total Pages : 577 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Practice and Procedure of the International Criminal Tribunal for the Former Yugoslavia by : Eugene O'Sullivan

Download or read book Practice and Procedure of the International Criminal Tribunal for the Former Yugoslavia written by Eugene O'Sullivan and published by BRILL. This book was released on 2021-11-15 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is designed to provide a quick yet comprehensive reference to the jurisprudence of both the ICTY and to some extent, the ICTR. It goes significantly beyond the Judgements of the Tribunal into the Orders and Decisions of the Trial and Appeals Chambers. The book is organized by sections, according to each Article of the Statute and Rule of procedure and evidence. Following the text of the Article or Rule, there is a Commentary section, where appropriate and a digest of Judgements, Decisions and Orders of the Appeals Chamber and the Trial Chambers. Materials will be found in the book from the beginning of the operation of the ICTY through the Furundžija Appeals Judgement and the amendments to the Rules in July 2000.

International Criminal Law Developments in the Case Law of the ICTY

Author : Gideon Boas
Publisher : BRILL
ISBN 13 : 9047403231
Total Pages : 344 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis International Criminal Law Developments in the Case Law of the ICTY by : Gideon Boas

Download or read book International Criminal Law Developments in the Case Law of the ICTY written by Gideon Boas and published by BRILL. This book was released on 2003-12-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the dawn of the International Criminal Court, the rich experience of the ad hoc International Criminal Tribunal for the former Yugoslavia (ICTY) will prove to be the primary source of legal authorities for many years. The creation of the ICTY in 1993 heralded a new-found willingness of the international community to bring to book perpetrators of war crimes and gross or systematic violations of human rights. Written by academics and practitioners, and notably many "insiders" at the ICTY, this volume focuses particularly on the international and criminal law developments that have taken place in the practice and procedure of the Tribunal. Throughout are threads concerning the development and application of international criminal law not only by the ICTY, but also by the ad hoc International Criminal Tribunal for Rwanda and the new International Criminal Court.

The International Criminal Tribunal for the Former Yugoslavia:An Exercise in Law, Politics, and Diplomacy

Author : Rachel Kerr
Publisher : OUP Oxford
ISBN 13 : 9780199263059
Total Pages : 248 pages
Book Rating : 4.2/5 (63 download)

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Book Synopsis The International Criminal Tribunal for the Former Yugoslavia:An Exercise in Law, Politics, and Diplomacy by : Rachel Kerr

Download or read book The International Criminal Tribunal for the Former Yugoslavia:An Exercise in Law, Politics, and Diplomacy written by Rachel Kerr and published by OUP Oxford. This book was released on 2004-01-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice - politics and law.The establishment of ad hoc tribunals for the former Yugoslavia and Rwanda was followed by the adoption of the Rome Statute of the ICC in July 1998, the arrest of General Augusto Pinochet in London in October 1998, and the establishment of ad hoc tribunals in Cambodia, Sierra Leone, and East Timor, all of which pointed to an emerging norm of international criminal justice. The key to understanding this is the relationship between the political mandate and the judicial function. The Tribunalwas established as a tool of politics, but it was a judicial, not a political tool.This book provides a systematic examination of the Tribunal, what it is, why it was established, how it functions, and where its significance lies. The central question is whether an international judicial institution, such as the Tribunal, can operate in a highly politicized context and fulfill an explicit political purpose, without the judicial process becoming politicized. Separate chapters chart the origins of the court, the process of establishment, jurisdiction, procedure, stateco-operation, including obtaining custody of accused, and the role and function of the Chief Prosecutor. This last element is the key to the Tribunal's success in maintaining a delicate balancing act so that its external political function does not impinge on its impartial judicial status, and insteadenhances its effectiveness. The book concludes with an assessment of the conduct of the Milosevic case to date.

Legacies of the International Criminal Tribunal for the Former Yugoslavia

Author : Carsten Stahn
Publisher :
ISBN 13 : 0198862954
Total Pages : 673 pages
Book Rating : 4.1/5 (988 download)

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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 . This book was released on 2020 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume provides a multidisciplinary perspective on the contribution of the International Criminal Tribunal for the former Yugoslavia (ICTY) to law, memory, and justice. It explores some of the accomplishments, challenges and critiques of the ICTY, as well as some of its less visible legacies.

Surrendering to International Criminal Courts

Author : Geert-Jan G. J. Knoops
Publisher : Brill Nijhoff
ISBN 13 :
Total Pages : 454 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Surrendering to International Criminal Courts by : Geert-Jan G. J. Knoops

Download or read book Surrendering to International Criminal Courts written by Geert-Jan G. J. Knoops and published by Brill Nijhoff. This book was released on 2002 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly specialized study assesses the procedure of surrender of individuals to international criminal courts, based on the practices of the International Criminal Court (ICC), that of the Former Yugoslavia (ICTY), and that of Rwanda (ICTR). The study includes discussion of the difference between extradition and surrender, the different conceptual systems of the three courts with regard to surrender obligations and rights, the judicial implications of surrender, the specific surrender defenses used in the three courts, and aspects of international extradition law and human rights law. Specific cases from the three courts are cited throughout. Knoops is a criminal lawyer in The Hague in The Netherlands. Annotation copyrighted by Book News, Inc., Portland, OR

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 2018-10-08 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 what it means for the accused to be present during international criminal trials and how that meaning has changed. This book also examines the impact that absence from trial can have on the fair trial rights of the accused and whether those rights can be upheld outside of the accused’s presence. Using primary and secondary sources, Caleb Wheeler has identified four different categories of absence and how each affects the right to be present. This permits a more nuanced understanding of how the right to be present is understood in international criminal law and how it may develop in the future.

The Rome Statute of the ICC at Its Twentieth Anniversary

Author : Pavel Šturma
Publisher : BRILL
ISBN 13 : 9004387552
Total Pages : 266 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Rome Statute of the ICC at Its Twentieth Anniversary by : Pavel Šturma

Download or read book The Rome Statute of the ICC at Its Twentieth Anniversary written by Pavel Šturma and published by BRILL. This book was released on 2019-01-03 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome Statute of the ICC at its Twentieth Anniversary (Achievements and Perspectives) is an edited book comprising of 13 chapters written by contributors to a conference dedicated to discuss the development, achievements and possible future evolution of the Rome Statute and international criminal law. The authors include academics from various legal systems, practitioners from the ICC and the Special Tribunal for Lebanon, attorneys and other law experts. The International Criminal Court is the first universal international criminal tribunal. Though quite new, as the Rome Statute was adopted 20 years ago (1998) and only 16 years have passed since its entry into force, it has already developed interesting case-law and continues to elaborate on both substantive and procedural international criminal law. Contributors are Ivana Hrdličková, Claus Kreß, Tamás Lattmann, Jan Lhotský, Milan Lipovský, Iryna Marchuk, Josef Mrázek, Anna Richterová, Simon De Smet, Ondřej Svaček, Pavel Šturma, Kateřina Uhlířová, Kristýna Urbanová, Aloka Wanigasuriya.

Law Reports of Trials of War Criminals

Author : United Nations War Crimes Commission
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (47 download)

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Book Synopsis Law Reports of Trials of War Criminals by : United Nations War Crimes Commission

Download or read book Law Reports of Trials of War Criminals written by United Nations War Crimes Commission and published by . This book was released on 1947 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Emerging Practice of the International Criminal Court

Author : Carsten Stahn
Publisher : BRILL
ISBN 13 : 9004166556
Total Pages : 793 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Emerging Practice of the International Criminal Court by : Carsten Stahn

Download or read book The Emerging Practice of the International Criminal Court written by Carsten Stahn and published by BRILL. This book was released on 2009 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.

The Law and Practice of the International Criminal Court

Author : Carsten Stahn
Publisher : Oxford University Press, USA
ISBN 13 : 0198705166
Total Pages : 1441 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Law and Practice of the International Criminal Court by : Carsten Stahn

Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2015 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.

The International Criminal Court and Complementarity

Author : Carsten Stahn
Publisher : Cambridge University Press
ISBN 13 : 1316139506
Total Pages : 1293 pages
Book Rating : 4.3/5 (161 download)

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Book Synopsis The International Criminal Court and Complementarity by : Carsten Stahn

Download or read book The International Criminal Court and Complementarity written by Carsten Stahn and published by Cambridge University Press. This book was released on 2011-10-06 with total page 1293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.

The UN International Criminal Tribunals

Author : William A. Schabas
Publisher : Cambridge University Press
ISBN 13 : 1139456814
Total Pages : 55 pages
Book Rating : 4.1/5 (394 download)

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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.

International Criminal Procedure

Author : Göran Sluiter
Publisher : Oxford University Press
ISBN 13 : 0199658021
Total Pages : 1720 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis International Criminal Procedure by : Göran Sluiter

Download or read book International Criminal Procedure written by Göran Sluiter and published by Oxford University Press. This book was released on 2013-03-21 with total page 1720 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The ambitious aim of the work is to create a guiding framework for international criminal procedural law and practices in the future. As explained by the working groups, the overarching objective of the project is to assist the challenge of delivering fair but also effective trials". -- FOREWORD.

Justice Without Borders

Author : Martin Böse
Publisher : BRILL
ISBN 13 : 9004352066
Total Pages : 484 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Justice Without Borders by : Martin Böse

Download or read book Justice Without Borders written by Martin Böse and published by BRILL. This book was released on 2018-01-16 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice Without Borders is the theme of this collection of essays that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018. The contributions of distinguished authors in the area of international criminal law, European criminal law and international cooperation focus on topics that are important for Wolfgang Schomburg: the pursuit of international criminal justice with respect for the interests of the accused, the facilitation of international cooperation subject to the rule of law, and the principle of fair trial .

Principles of International Criminal Law

Author : Gerhard Werle
Publisher : Oxford University Press
ISBN 13 : 0198703597
Total Pages : 711 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Principles of International Criminal Law by : Gerhard Werle

Download or read book Principles of International Criminal Law written by Gerhard Werle and published by Oxford University Press. This book was released on 2014 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.

International Courts and Tribunals

Author : William Schabas
Publisher :
ISBN 13 : 9781782547778
Total Pages : 0 pages
Book Rating : 4.5/5 (477 download)

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Book Synopsis International Courts and Tribunals by : William Schabas

Download or read book International Courts and Tribunals written by William Schabas and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law.

Sentencing in International Criminal Law

Author : Silvia D'Ascoli
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316441
Total Pages : 468 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Sentencing in International Criminal Law by : Silvia D'Ascoli

Download or read book Sentencing in International Criminal Law written by Silvia D'Ascoli and published by Bloomsbury Publishing. This book was released on 2011-04-01 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.