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Victim Participation In International Criminal Justice
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Book Synopsis Victim Participation in International Criminal Justice by : Kinga Tibori-Szabó
Download or read book Victim Participation in International Criminal Justice written by Kinga Tibori-Szabó and published by Springer. This book was released on 2017-07-08 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a guide to the law and practice of victims’ roles before the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia and the Special Tribunal for Lebanon. The various chapters focus on the provisions relevant to victim participation at these courts and the case law interpreting and applying those provisions. The book thus informs the reader on the principal ways in which the relevant practice is developing, the distinct avenues taken in the application of similar provisions as well as the ensuing advantages and challenges. Unlike other volumes focusing on relevant academic literature, this volume is written mainly by practitioners and is addressed to those lawyers, legal advisers and victimologists who work or wish to work in the field of victim participation in international criminal justice. Kinga Tibori-Szabó is legal officer for the Kosovo Specialist Chambers in The Hague and has previously worked for the Legal Representative of Victims at the Special Tribunal for Lebanon. Megan Hirst is a barrister at Doughty Street Chambers in London and has worked on victims' participation issues in the Registries of the International Criminal Court and the Special Tribunal for Lebanon, as well as in an LRV team in Prosecutor v. Dominic Ongwen.
Book Synopsis Victims of International Crimes: An Interdisciplinary Discourse by : Thorsten Bonacker
Download or read book Victims of International Crimes: An Interdisciplinary Discourse written by Thorsten Bonacker and published by Springer Science & Business Media. This book was released on 2013-07-09 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.
Book Synopsis Procedural Justice? by : Brianne McGonigle Leyh
Download or read book Procedural Justice? written by Brianne McGonigle Leyh and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: No further information has been provided for this title.
Book Synopsis Victims Before the International Criminal Court by : Christoph Safferling
Download or read book Victims Before the International Criminal Court written by Christoph Safferling and published by Springer Nature. This book was released on 2021-09-16 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.
Book Synopsis Figuring Victims in International Criminal Justice by : Maria Elander
Download or read book Figuring Victims in International Criminal Justice written by Maria Elander and published by Routledge. This book was released on 2018-06-12 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most discourses on victims in international criminal justice take the subject of victims for granted, as an identity and category existing exogenously to the judicial process. This book takes a different approach. Through a close reading of the institutional practices of one particular court, it demonstrates how court practices produce the subjectivity of the victim, a subjectivity that is profoundly of law and endogenous to the enterprise of international criminal justice. Furthermore, by situating these figurations within the larger aspirations of the court, the book shows how victims have come to constitute and represent the link between international criminal law and the enterprise of transitional justice. The book takes as its primary example the Extraordinary Chambers in the Courts of Cambodia (ECCC), or the Khmer Rouge Tribunal as it is also called. Focusing on the representation of victims in crimes against humanity, victim participation and photographic images, the book engages with a range of debates and scholarship in law, feminist theory and cultural legal theory. Furthermore, by paying attention to a broader range of institutional practices, Figuring Victims makes an innovative scholarly contribution to the debates on the roles and purposes of international criminal justice.
Book Synopsis Victim Participation in International Criminal Justice by : Kinga Tibori-Szabó
Download or read book Victim Participation in International Criminal Justice written by Kinga Tibori-Szabó and published by . This book was released on 2017 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Therapeutic Jurisprudence and Victim Participation in Justice by : Edna Erez
Download or read book Therapeutic Jurisprudence and Victim Participation in Justice written by Edna Erez and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book employs principles of therapeutic jurisprudence (TJ) to examine how various countries approach victim participation in criminal justice proceedings. It collects papers from a conference in Onati, Spain, that was supported by a grant from the Transcoop Programme of the Alexander Von Humboldt Foundation to study the potential impact of TJ approaches on victims. The Onati conference broke important ground by addressing victim welfare and well-being during and after participation in criminal justice proceedings and brought scholars from different disciples and nations together to share their ideas. The resulting collection brings these ideas to a wider audience in the fields of law, legal studies, sociology, psychology and criminology/victimology. The contributors are recognized researchers in their home countries and the collection provides yet another critical and empirical research contribution from a TJ perspective. "Legal professionals lobbying for victim participation would like this book. . . . Achieve[s] the goal of presenting victims of crime as a topic for further research." -- International Criminal Justice Review "Researchers of law, criminology, victimology and related subjects, law students, practitioners, judges, victims and those interested in aiding victims with their professional expertise must read this book to understand the core value of therapeutic jurisprudence. Considering the price, the quality of the editorial work, the expertise, I believe that this book should not only be a "must possession" for individuals mentioned above, but it will also be the most sought after one for all academics as well law libraries, court libraries, police libraries." -- International Journal of Criminal Justice Sciences
Book Synopsis Justice for Victims before the International Criminal Court by : Luke Moffett
Download or read book Justice for Victims before the International Criminal Court written by Luke Moffett and published by Routledge. This book was released on 2014-06-27 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.
Book Synopsis Defendants and Victims in International Criminal Justice by : Juan Pablo Perez-Leon-Acevedo
Download or read book Defendants and Victims in International Criminal Justice written by Juan Pablo Perez-Leon-Acevedo and published by Routledge. This book was released on 2020-04-29 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers a variety of key issues pertaining to the rights of defendants and victims at International Criminal Courts (ICTs) and explores how best to balance and enhance the rights of both in order to ensure the effectiveness and efficiency of international criminal proceedings. The rights of victims are becoming an increasingly important issue at ICTs. Yet, at the same time, this has to be achieved without having a detrimental impact upon on the rights of the defence and the efficiency of the courts. This book provides analyses of issues on the rights of both the accused and the victims. By discussing matters concerning these two pivotal actors in international criminal justice within the same volume, the work highlights that there are intrinsic and intense conflicting and converging relationships between victims and the accused, particularly in terms of their rights. While most of the chapters focus mainly on either the accused or the victims, others discuss both at the same time. The work strikes a fine balance between, on the one hand, classic topics on the rights of the accused and the rights of the victims and, on the other, topics which have been largely unexplored and/or which require new angles or perspectives. Additionally, there are some chapters which approach both the rights of the accused and the rights of the victims in new contexts and/or under novel perspectives. The book as a whole provides a discussion of the two sides of this important coin of international criminal justice. The work will be an essential resource for academics, practitioners and students with an interest in the field of international criminal law. It will also be of interest to human rights scholars who are working with the rights of victims and the accused.
Book Synopsis Victims, Atrocity and International Criminal Justice by : Rachel Killean
Download or read book Victims, Atrocity and International Criminal Justice written by Rachel Killean and published by Routledge. This book was released on 2018-07-03 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: While international criminal courts have often been declared as bringing ‘justice’ to victims, their procedures and outcomes historically showed little reflection of the needs and interests of victims themselves. This situation has changed significantly over the last sixty years; victims are increasingly acknowledged as having various ‘rights’, while their need for justice has been deployed as a means of justifying the establishment of international criminal courts. However, it is arguable that the goals of political and legal elites continue to be given precedence, and the ability of courts to deliver ‘justice to victims’ remains contested. This book contributes to this important debate through an examination of the role of victims as civil parties within the Extraordinary Chambers in the Courts of Cambodia. Drawing on a series of interviews with civil parties, court practitioners and civil society actors, the book explores the way in which both the ECCC and the role of victims within it are shaped by specific political, economic and legal contexts; examining the ‘gap’ between the legitimising value of the ‘imagined victim’, and the extent to which victims are able to further their interests within the courtroom.
Book Synopsis The Right to The Truth in International Law by : Melanie Klinkner
Download or read book The Right to The Truth in International Law written by Melanie Klinkner and published by Routledge. This book was released on 2019-07-26 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.
Book Synopsis The Participation of Victims in International Criminal Proceedings by : Alessandra Cuppini
Download or read book The Participation of Victims in International Criminal Proceedings written by Alessandra Cuppini and published by Taylor & Francis. This book was released on 2022-09-30 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the expressivist justice model provides a meaningful foundation for the participation of victims in international criminal proceedings. Traditional criminal justice theories have tended to marginalise the role afforded to victims while informing the criminal procedures utilised by international criminal courts. As a result, giving content to, shaping, and enhancing victims’ participatory rights have been some of the most debated issues in international criminal justice. This book contributes to this debate by advancing expressivism, which has the capacity to create a historical narrative of gross human rights violations, as a core of international criminal justice able to provide a worthwhile basis for the participation of victims in proceedings and clarifying the scope and content of their participatory rights. The work provides an in-depth discussion on issues related to victims’ participatory rights from the perspective of international human rights law, victimology, and the philosophical foundation of international criminal justice. The book will be a valuable resource for researchers, academics, and policymakers working in the areas of international criminal justice, international human rights law, transitional justice, and conflict studies.
Book Synopsis The Standing of Victims in the Procedural Design of the International Criminal Court by : Tatiana Bachvarova
Download or read book The Standing of Victims in the Procedural Design of the International Criminal Court written by Tatiana Bachvarova and published by Martinus Nijhoff Publishers. This book was released on 2017-05-18 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book canvasses the autonomous position of victims before the International Criminal Court. It seeks to provide an objective and balanced perspective, and neither rejects the idea of victims’ participation or seeks to extend it beyond the contours determined by the founders of the ICC.
Book Synopsis The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations by : Juan Carlos Ochoa S.
Download or read book The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations written by Juan Carlos Ochoa S. and published by Martinus Nijhoff Publishers. This book was released on 2013-02-05 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.
Book Synopsis Commentary on the Law of the International Criminal Court by : Mark Klamberg
Download or read book Commentary on the Law of the International Criminal Court written by Mark Klamberg and published by Torkel Opsahl Academic EPublisher. This book was released on 2017-04-29 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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?
Book Synopsis Victim Participation Rights by : Kerstin Braun
Download or read book Victim Participation Rights written by Kerstin Braun and published by Springer. This book was released on 2019-02-14 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces victims’ active participatory rights through different procedural stages in adversarial and non-adversarial justice systems, in an attempt to identify what role victims play during criminal proceedings in the domestic setting. Braun analyses countries with different legal traditions, including: the United States, England, Wales and Australia (as examples of mostly adversarial countries); Germany and France (as examples of inquisitorial systems); as well as Denmark and Sweden with their mixed inquisitorial-adversarial background. Victim Participation Rights is distinctive in that it assesses the implementation of formal processes and procedures concerning victim participation at three different procedural stages: first, investigation and pre-trial; second, trial and sentencing; and third, post-trial with a focus on appeal and parole. In addition, Braun provides an in-depth case study on the general position of victims in criminal trials, especially in light of national criminal justice policy, in Germany, a mostly inquisitorial system and Australia, a largely adversarial system. In light of its findings, the book ponders whether, at this stage in time, a greater focus on victim protection rather than on active procedural rights could be more beneficial to enhancing the overall experience of victims. In this context, it takes a close look at the merits of introducing or expanding legal representation schemes for victims.
