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Guilty Pleas In International Criminal Law

Author: Nancy Amoury Combs
Publisher: Stanford University Press
ISBN: 9780804753524
Size: 29.96 MB
Format: PDF
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International crimes, such as genocide and crimes against humanity, are complex and difficult to prove, so their prosecutions are costly and time-consuming. As a consequence, international tribunals and domestic bodies have recently made greater use of guilty pleas, many of which have been secured through plea bargaining. This book examines those guilty pleas and the methods used to obtain them, presenting analyses of practices in Sierra Leone, East Timor, Cambodia, Argentina, Bosnia, and Rwanda. Although current plea bargaining practices may be theoretically unsupportable and can give rise to severe victim dissatisfaction, the author argues that the practice is justified as a means of increasing the proportion of international offenders who can be prosecuted. She then incorporates principles drawn from the domestic practice of restorative justice to construct a model guilty plea system to be used for international crimes.

International Criminal Law Practitioner Library

Author: Gideon Boas
Publisher: Cambridge University Press
ISBN: 0521116309
Size: 75.83 MB
Format: PDF, ePub
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"Volume 3 of the International Criminal Law Practitioner Library completes the review of international criminal law begun in Volumes 1 and 2, which analyse the forms of responsibility and the elements of the core crimes. This volume reviews the procedural law and practices of the international criminal tribunals from investigation to trial, appeal, and punishment, and examines the framework within which the substantive law operates. The authors present a critical study of those procedures that are essential to effective investigations and fair trials, and explore how the ICC, ICTY, and ICTR - as well as the SCSL and other internationalised tribunals, where relevant - have shaped the evolution of international criminal procedure in order to meet new challenges and changing circumstances. The key jurisprudence and rule amendments up to 1 December 2009 have been surveyed, making this a highly relevant and timely work"--

International Criminal Law Practitioner Library Volume 3

Author: Gideon Boas
Publisher: Cambridge University Press
ISBN: 110737538X
Size: 20.61 MB
Format: PDF, ePub
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A comprehensive and invaluable reference work for practitioners, academics and students of international criminal law, this series critically examines a complex and important legal area. Volume I considers the criminal responsibility of individuals for the commission of war crimes, crimes against humanity, and genocide; Volume II focuses on these core international crimes and discusses their interaction with the forms of responsibility; and Volume III provides an evaluation of international criminal procedure and the rules and practices designed to ensure effective investigations and fair trials.

The Ashgate Research Companion To International Criminal Law

Author: Yvonne McDermott
Publisher: Routledge
ISBN: 1317043154
Size: 25.83 MB
Format: PDF, ePub, Docs
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International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm. This unique Research Companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future. The second part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused. The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law. As international criminal law becomes more established as a distinct discipline, it becomes imperative for international criminal scholarship to provide a degree of critical analysis, both of individual legal issues and of the international criminal project as a whole. This book represents an important collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.

Sentencing In International Criminal Law

Author: Silvia D'Ascoli
Publisher: Bloomsbury Publishing
ISBN: 1847316441
Size: 30.75 MB
Format: PDF, Kindle
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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.

Plea Bargaining Across Borders

Author: Jenia I. Turner
Publisher: Wolters Kluwer Law and Business
ISBN: 9780735575714
Size: 43.15 MB
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Plea Bargaining Across Borders: Criminal Procedure can be used alongside any criminal procedure casebook to explore how criminal defendants are treated under different national and international jurisdictions. Jenia Iontcheva Turner employs realistic hypothetical scenarios to illustrate how different attitudes toward plea bargaining and sentencing can produce a range of outcomes across jurisdictions. Organized and presented for students who may not be familiar with comparative and international law, "Plea Bargaining Across Borders: Criminal Procedure" features: coverage of three types of jurisdictions those that allow plea bargaining in all cases (e.g., the United States and international criminal courts) those that allow plea bargaining only for minor crimes (e.g., Germany, Bulgaria) those that do not formally allow plea bargaining under any circumstances (e.g., Japan), but that employ practices that are functionally similar to plea bargaining a consistent internal chapter structure: a brief history of plea bargaining in each jurisdiction relevant primary sources of law analysis that focuses on the participants, timing, and setting of negotiations and on the subject matter of plea agreements discussion of the legal conditions for a valid guilty plea discussion of the law regarding withdrawal of a guilty plea and breach of a plea agreement scholarly commentary supporting or criticizing plea bargaining succinct overview charts that show country comparisons at a glance hypothetical drug trafficking and homicide scenarios realistic hypothetical scenarios that depict plea bargaining in different kinds of criminal cases and require students to apply the laws of different jurisdictions to similar facts a unique combination of primary and secondary source materials, including interviews with practitioners and scholarly commentary Questions and Notes that fuel class discussion discussion of plea bargaining at international criminal courts, such as the international criminal tribunals for former Yugoslavia and Rwanda and the International Criminal Court free-standing chapters that allow instructors to tailor the coverage to their own teaching objectives Professor's Notes that offer guidance for teaching, link the hypotheticals to core course content, and reference additional materials addressing specific countries and comparative and international criminal procedure generally Incorporating materials common to the leading criminal procedure casebooks, Plea Bargaining Across Borders can be easily adapted to your criminal procedure syllabus. The entire book may be assigned over four or five classes, or single chapters may be inserted into the semester to introduce a transnational perspective to your course.

The Politics Of Constructing The International Criminal Court

Author: Michael J. Struett
Publisher: Palgrave Macmillan
ISBN: 9780230604575
Size: 11.99 MB
Format: PDF, Mobi
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The book analyzes the political process that led to the establishment of the International Criminal Court (ICC). It argues that non-governmental organizations (NGOs) played an important role in shaping key provisions in the Court’s statute and in achieving early ratification of the ICC Statute. NGOs were able to achieve this result through their use of principled, communicatively rational argument. Thus in addition to accounting for the particular outcome of the ICC negotiations, the book also makes a contribution to our theoretical understandings of the ways that NGO discourse can transform the process of policy formation in world politics.

Annotated Leading Cases Of International Criminal Tribunals Timor Leste The Special Panels For Serious Crimes 2001 2003

Author: André Klip
Size: 31.83 MB
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This 13th volume of Annotated Leading Cases of International Criminal Tribunals contains the most important decisions of the Special Panels for Serious Crimes in Timor Leste in 2001-2003. It includes the most important decisions, identical to the original version, and includes concurring, separate, and dissenting opinions. In the book, distinguished experts in the field of international criminal law have commented on the decisions. (Series: Annotated Leading Cases of International Criminal Tribunals - Vol. 13)