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Writing History In International Criminal Trials

Author: Richard Ashby Wilson
Publisher: Cambridge University Press
ISBN: 1139498266
Size: 14.89 MB
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Why do international criminal tribunals write histories of the origins and causes of armed conflicts? Richard Ashby Wilson conducted research with judges, prosecutors, defense attorneys and expert witnesses in three international criminal tribunals to understand how law and history are combined in the courtroom. Historical testimony is now an integral part of international trials, with prosecutors and defense teams using background testimony to pursue decidedly legal objectives. In the Slobodan Milošević trial, the prosecution sought to demonstrate special intent to commit genocide by reference to a long-standing animus, nurtured within a nationalist mindset. For their part, the defense called historical witnesses to undermine charges of superior responsibility, and to mitigate the sentence by representing crimes as reprisals. Although legal ways of knowing are distinct from those of history, the two are effectively combined in international trials in a way that challenges us to rethink the relationship between law and history.

The Legitimacy Of International Criminal Tribunals

Author: Nobuo Hayashi
Publisher: Cambridge University Press
ISBN: 1316943151
Size: 74.39 MB
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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.

Fairness In International Criminal Trials

Author: Yvonne McDermott
Publisher: Oxford University Press
ISBN: 0191060402
Size: 27.65 MB
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With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in the former Yugoslavia, Sierra Leone, and Rwanda have completed or are beginning to wind up their activities, the time is ripe for a critical evaluation of these international criminal tribunals and their legacy. By examining the due process standards embraced by the five contemporary international criminal tribunals, the author draws conclusions about how the right to a fair trial should be interpreted in international criminal law. This volume addresses key conceptual questions on fairness, including: should international criminal tribunals set the highest standards of fairness, or is it sufficient for their practice to be 'just fair enough'? To whom does the right to a fair trial attach, and can actors such as the prosecution and victims be accurately said to benefit from that right? Does fairness require the full realization of a number of guarantees owed to the accused under the statutory frameworks of international criminal tribunals, or should we instead be concerned with the fairness of the trial 'as a whole'? What is the interplay between domestic and international courts on questions of procedural fairness? What are the elements of fairness in international criminal proceedings? And what remedies are available for breaches of fair trial rights? Through an in-depth exploration of the right to a fair trial, the author concludes that international criminal tribunals should have a role in setting the highest standards of due process protection in their procedures, and that in so doing, they can have a positive impact on domestic justice systems.

The Defendant In International Criminal Proceedings

Author: Björn Elberling
Publisher: Bloomsbury Publishing
ISBN: 1847319963
Size: 76.62 MB
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It is often said that criminal procedure should ensure that the defendant is a subject, not just an object, of proceedings. This book asks to what extent this can be said to be true of international criminal trials. The first part of the book aims to find out the extent to which defendants before international criminal courts are able to take an active part in their trials. It takes an in-depth look at the procedural regimes of international courts, viewed against a benchmark provided by national provisions representing the main traditions of criminal procedure and by international human rights law. The results of this comparative endeavour are then used to shed light, from a practical point of view, on the oft-debated question whether (international) criminal trials should be used as a tool for writing history or whether, as claimed by Martti Koskenniemi, pursuing this goal leads to a danger of "show trials†?.

Pluralism In International Criminal Law

Author: Elies van Sliedregt
Publisher: OUP Oxford
ISBN: 019100829X
Size: 22.10 MB
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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

The Un International Criminal Tribunals

Author: William A. Schabas
Publisher: Cambridge University Press
ISBN: 1139456814
Size: 13.93 MB
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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.

Europ Ische Erinnerung Als Verflochtene Erinnerung

Author: Gregor Feindt
Publisher: V&R unipress GmbH
ISBN: 3847100521
Size: 18.18 MB
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English summary: Starting point for this publication is a critique of an unreflected instrumentalisation of 'European Memory' in current public and academic discourse. In order to respond to this tendency, the articles develop an approach that accentuates the polyphony and multiple layers of memory, that is its entangled character.Rather than understanding 'European Memory' as a normative ideal or an empirical concept for days of remembrance, museums or schoolbooks, this approach perceives 'European Memory' as a discursive reality of which academic discourse is an integral part. It manifests itself whenever actors pick up 'Europe' in their interpretations of the past. Covering a broad spectre of European memory between the Vikings and the Srebrenica massacre the volume includes fiffering attributes of European self-descriptions and enquires into the entanglements of memory in present and past that are linked with these interpretations.The authors thus attempt to deepen the understanding of the topics and motivation to conceive memory as European. German description: Ausgangspunkt des Bandes ist eine Kritik der unreflektierten Instrumentalisierung von Europaischer Erinnerung im derzeitigen offentlichen und wissenschaftlichen Diskurs. Demgegenuber betont der Band die Vielstimmigkeit und Vielschichtigkeit gruppenubergreifender Erinnerungsprozesse.Statt europaische Erinnerung als handlungsleitendes Ideal oder als empirischen Begriff fur Gedenktage, Museen oder Schulbucher zu verstehen, wird ein Ansatz verfolgt, der europaische Erinnerung als eine diskursive Realitat betrachtet, an der auch der wissenschaftliche Diskurs Teil hat: Sie manifestiert sich uberall dort, wo Akteure Europa in ihren Vergangenheitsdeutungen aufgreifen. Vor dem Hintergrund, dass solche europaischen Deutungen nur eines von vielen Attributen einer Selbstbeschreibung darstellen, wird in vergleichender Perspektive nach den gruppenubergreifenden Momenten gefragt, die in der Vergangenheit und Gegenwart mit als europaisch verstandenen Deutungen verbunden waren und sind.

International Criminal Law

Author: M. Cherif Bassiouni
Publisher: BRILL
ISBN: 9004165304
Size: 16.26 MB
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Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victimsa (TM) Rights in International Law).

Incitement On Trial

Author: Richard Ashby Wilson
Publisher: Cambridge University Press
ISBN: 110710310X
Size: 65.27 MB
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This book explains why international criminal tribunals struggle to monitor inciting speech, and proposes a model of prevention and punishment.

Criminological Approaches To International Criminal Law

Author: Ilias Bantekas
Publisher: Cambridge University Press
ISBN: 1107060036
Size: 66.53 MB
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This volume is one of the few books to explain in-depth the international crimes behind the scenes of substantive or procedural law. The contributors place a particular focus on what motivates participation in international crime, how perpetrators, witnesses and victims see their predicament and how international crimes should be investigated at local and international level, with an emphasis on context. The book engages these questions with a broad interdisciplinary approach that is accessible to both lawyers and non-lawyers alike. It discusses international crime through the lens of anthropology, neuroscience, psychology, state crime theory and information systems theory and draws upon relevant investigative experience from experts in international and domestic law prosecutions.