Hybrid And Internationalised Criminal Tribunals

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Hybrid and Internationalised Criminal Tribunals

Author : Sarah Williams
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319246
Total Pages : 520 pages
Book Rating : 4.8/5 (473 download)

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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 520 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.

Hybrid and Internationalized Criminal Tribunals: Jurisdictional Issues

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (669 download)

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Book Synopsis Hybrid and Internationalized Criminal Tribunals: Jurisdictional Issues by :

Download or read book Hybrid and Internationalized Criminal Tribunals: Jurisdictional Issues written by and published by . This book was released on 2009 with total page 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. 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, Regulation 64 panels in Kosovo, the War Crimes Chamber for Bosnia and Herzegovina, the Iraqi High Tribunal and the Special Tribunal for Lebanon. The key aims of this thesis are: to examine the increasing role of hybrid and internationalised judicial institutions in prosecuting international crimes; to outline the basic features of the existing and proposed hybrid or internationalized tribunals; to define and categorise the tribunals; to determine the jurisdictional basis of each tribunal; to analyze how the jurisdictional basis affects other issues, such as the applicable law, the application of amnesties and immunities and the relationship of these tribunals with the host state, third states, national courts and other international criminal tribunals.

Hybrid Tribunals

Author : Aaron Fichtelberg
Publisher : Springer
ISBN 13 : 1461466393
Total Pages : 217 pages
Book Rating : 4.4/5 (614 download)

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Book Synopsis Hybrid Tribunals by : Aaron Fichtelberg

Download or read book Hybrid Tribunals written by Aaron Fichtelberg and published by Springer. This book was released on 2015-06-09 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines hybrid tribunals created in Sierra Leone, Kosovo, Cambodia, East Timor, and Lebanon, in terms of their origins (the political and social forces that led to their creation), the legal regimes that they used, their various institutional structures, and the challenges that they faced during their operations. Through this study, the author looks at both their successes and their shortcomings, and presents recommendations for the formation of future hybrid tribunals. Hybrid tribunals are a form of the international justice where the judicial responsibility is shared between the international community and the local state where they function. These tribunals represent an important bridge between traditional international courts like the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and various local justice systems. Because hybrid tribunals are developed in response to large-scale atrocities, these courts are properly considered part of the international criminal justice system. This feature gives hybrid tribunals the accountability and legitimacy often lost in local justice systems; however, by including regional courtroom procedures and personnel, they are integrated into the local justice system in a way that allows a society to deal with its criminals on its own terms, at least in part. This unique volume combines historical and legal analyses of these hybrid tribunals, placing them within a larger historical, political, and legal context. It will be of interest to researchers in Criminal Justice, International Studies, International Law, and related fields.

Hybrid and Internationalised Criminal Tribunals

Author : Sarah Williams
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319254
Total Pages : 370 pages
Book Rating : 4.8/5 (473 download)

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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.

Hybrid Tribunals

Author : Aaron Fitchtelberg
Publisher : Springer
ISBN 13 : 9781461466406
Total Pages : 206 pages
Book Rating : 4.4/5 (664 download)

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Book Synopsis Hybrid Tribunals by : Aaron Fitchtelberg

Download or read book Hybrid Tribunals written by Aaron Fitchtelberg and published by Springer. This book was released on 2015-06-12 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines hybrid tribunals created in Sierra Leone, Kosovo, Cambodia, East Timor, and Lebanon, in terms of their origins (the political and social forces that led to their creation), the legal regimes that they used, their various institutional structures, and the challenges that they faced during their operations. Through this study, the author looks at both their successes and their shortcomings, and presents recommendations for the formation of future hybrid tribunals. Hybrid tribunals are a form of the international justice where the judicial responsibility is shared between the international community and the local state where they function. These tribunals represent an important bridge between traditional international courts like the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and various local justice systems. Because hybrid tribunals are developed in response to large-scale atrocities, these courts are properly considered part of the international criminal justice system. This feature gives hybrid tribunals the accountability and legitimacy often lost in local justice systems; however, by including regional courtroom procedures and personnel, they are integrated into the local justice system in a way that allows a society to deal with its criminals on its own terms, at least in part. This unique volume combines historical and legal analyses of these hybrid tribunals, placing them within a larger historical, political, and legal context. It will be of interest to researchers in Criminal Justice, International Studies, International Law, and related fields.

International Criminal Law

Author : Ilias Bantekas
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317359
Total Pages : 1301 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis International Criminal Law by : Ilias Bantekas

Download or read book International Criminal Law written by Ilias Bantekas and published by Bloomsbury Publishing. This book was released on 2010-09-22 with total page 1301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive analysis of the major areas of international criminal law (ICL). It approaches its subject matter from both a criminal law and an international law perspective, analysing the various topics exhaustively but in an accessible manner. While looking at the jurisprudence of the international tribunals, it is not confined to this approach, instead looking at all the fields in which ICL is employed. Thus it covers the theory of ICL, including the concepts of individual responsibility, the sources of ICL, State criminality, legality and legitimacy; the subjective (mens rea) and objective (actus reus) elements of international crimes and the particular position of the International Criminal Court Statute; the various modes of liability and participation in international crimes; the doctrine of command responsibility; defences and grounds for excluding liability; immunities; an extensive analysis of all war crimes; crimes against humanity; genocide; the crime of aggression; international criminal law of the sea, including piracy, armed robbery at sea, pollution-related offences, fisheries-related offences, maritime terrorism, injury to cables and pipelines, illegal broadcasting and enforcement against such offences; transnational crimes, including organised crime, corruption, money laundering, illicit trafficking of drugs and postal offences; particular international offences against the person, especially slavery and related practices, apartheid, enforced disappearances and torture; the legal contours of the crime of terrorism; an analysis of the historical development of ICL and of the legal processes relating to the Nuremberg Tribunal; an analysis of the UN tribunals for Yugoslavia and Rwanda; an examination of the International Criminal Court; an analysis of hybrid internationalised tribunals, such as those of Iraq, Sierra Leone, Cambodia, East Timor, Kosovo, Lebanon and Lockerbie, as well as an examination of truth commissions and amnesties; the various strands of criminal jurisdiction, and; the different modes of inter-State cooperation in criminal matters, including cooperation with international tribunals, extradition, illegal rendition and mutual legal assistance.

Designing Criminal Tribunals

Author : Steven D. Roper
Publisher : Routledge
ISBN 13 : 1351160109
Total Pages : 200 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Designing Criminal Tribunals by : Steven D. Roper

Download or read book Designing Criminal Tribunals written by Steven D. Roper and published by Routledge. This book was released on 2017-11-30 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the development of international humanitarian law especially since World War II, this volume focuses on the role of the international community in crafting international and mixed war crimes tribunals. It examines the cases of the former Yugoslavia, Rwanda, Sierra Leone, Cambodia and East Timor. These tribunals are legal institutions embedded within a political environment in which the need for nation-state consensus can undermine their judicial effectiveness and ultimately the quest for justice. One of the principal themes examined is how the demands of state sovereignty and finance have contributed to the constant innovation of these tribunals. This is the only book available covering the breadth of cases and it places these institutions within the general development of international humanitarian law.

Justice in Conflict

Author : Mark Kersten
Publisher : Oxford University Press
ISBN 13 : 0191082945
Total Pages : 273 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Justice in Conflict by : Mark Kersten

Download or read book Justice in Conflict written by Mark Kersten and published by Oxford University Press. This book was released on 2016-08-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

The Special Tribunal for Lebanon

Author : Amal Alamuddin
Publisher : Oxford University Press, USA
ISBN 13 : 0199687455
Total Pages : 339 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Special Tribunal for Lebanon by : Amal Alamuddin

Download or read book The Special Tribunal for Lebanon written by Amal Alamuddin and published by Oxford University Press, USA. This book was released on 2014-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Special Tribunal of the Lebanon is the first international Tribunal established to try the perpetrators of a terrorist act: the murder of the Lebanese Prime Minister in 2005. This book, written by practitioners with experience of the court and experts in international criminal law, provides a detailed assessment of its unique law and practice.

The Making of International Criminal Justice: A View from the Bench: Selected Speeches

Author : Theodor Meron
Publisher : OUP Oxford
ISBN 13 : 0191648671
Total Pages : 490 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Making of International Criminal Justice: A View from the Bench: Selected Speeches by : Theodor Meron

Download or read book The Making of International Criminal Justice: A View from the Bench: Selected Speeches written by Theodor Meron and published by OUP Oxford. This book was released on 2011-07-07 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until recently, and with a few notable exceptions in the wake of World War II, violations of the laws of war and international humanitarian law were addressed primarily as claims between states. However, this approach has changed radically in the last twenty years, as the international community has increasingly accepted the idea of individual criminal responsibility for violations of international humanitarian law. The International Criminal Tribunals for the former Yugoslavia and Rwanda have played a key role in this transformation and, as the trailblazers for a growing number of new international or hybrid criminal courts, in establishing the field of international criminal justice and encouraging the national prosecution of war crimes. Understanding the Tribunals' origins, their ground-breaking jurisprudence, and how they have addressed critical legal and practical challenges is essential to understanding both the revolution that has occurred over the past twenty years and how international criminal law will change and grow in the years ahead. As a leading scholar on humanitarian law, and President of the International Criminal Tribunal for the former Yugoslavia, Theodor Meron has observed and influenced the development of international criminal law as it has evolved from a mostly academic exercise to a cornerstone of the new international legal order. In this collection of speeches delivered during his first decade on the bench, he offers an insightful overview of the foundations of international criminal law as well as a unique insider's perspective on the challenges faced by international criminal tribunals, their creation of a corpus of substantive and procedural law, and the responsibilities of international jurists. Judge Meron's experience in international criminal justice makes this volume as rewarding for experts as it is for the general public.

The UN International Criminal Tribunals

Author : Klaus Bachmann
Publisher : Routledge
ISBN 13 : 1317631366
Total Pages : 306 pages
Book Rating : 4.3/5 (176 download)

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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 306 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.

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.

International Criminal Law, Transnational Criminal Organizations and Transitional Justice

Author : Héctor Olásolo
Publisher : BRILL
ISBN 13 : 9004341005
Total Pages : 251 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis International Criminal Law, Transnational Criminal Organizations and Transitional Justice by : Héctor Olásolo

Download or read book International Criminal Law, Transnational Criminal Organizations and Transitional Justice written by Héctor Olásolo and published by BRILL. This book was released on 2018-08-07 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.

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 2018-04-17 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal law is experiencing a time of uncertainty and flux. There is increasing doubt surrounding where the international criminal justice project is heading. The contributions in this multi-disciplinary volume take stock of the situation and explore ways in which the validity of international criminal tribunals can be strengthened as the field of international criminal justice moves into a more uncertain future. Areas considered include: shaping the aims and aspirations of international criminal tribunals; increasing the effectiveness and legality of substantive international criminal law; improving certain processes and procedures of international criminal tribunals; improving relationships between international criminal tribunals and other organisations; and building trust between international criminal tribunals and African states.

Judicial Creativity at the International Criminal Tribunals

Author : Shane Darcy
Publisher : Oxford University Press
ISBN 13 : 0199591466
Total Pages : 433 pages
Book Rating : 4.1/5 (995 download)

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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.

An Introduction to the Law of International Criminal Tribunals

Author : Geert-Jan Knoops
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 904742901X
Total Pages : 378 pages
Book Rating : 4.0/5 (474 download)

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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 2014-09-11 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In An Introduction to the Law of International Criminal Tribunals Geert-Jan Alexander Knoops offers an overview of the basic topics in international criminal law (ICL). It discusses main characteristics of International Criminal Tribunals (ICTs), as well as definitions of international crimes. The book will delve into issues of jurisdiction and complementarity, liability principles and specialized defences. Other topics are: due process rights, evidence, trials in absentia and State cooperation. A new chapter is devoted to the geopolitical effects of international criminal prosecutions. The second revised edition includes a chapter on the “new” crime of aggression and is updated with the most recent developments in ICL. The book is essential to everyone becoming familiar with the basic topics and challenges within ICL.

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.