Fairness And The Goals Of International Criminal Trials
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Fairness And The Goals Of International Criminal Trials
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Author : Caleb H Wheeler
language : en
Publisher: Taylor & Francis
Release Date : 2023-04-28
Fairness And The Goals Of International Criminal Trials written by Caleb H Wheeler and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-28 with Law categories.
This book presents a ground-breaking, interdisciplinary study into the various goals assigned to international criminal trials. It starts from the proposition that no hierarchy exists amongst the different goals meaning that trials should strive to achieve all of them in equal measure. This is made difficult by the fact that not all of these goals are compatible and the fulfilment of one may lead to others going unmet. Therefore, a balance must be found if the goals of trial are to be achieved at all. The book posits that fairness should serve as the guiding principle when weighing the different trial goals against one another. It is argued that without fairness international and internationalised criminal courts and tribunals lack legitimacy and without legitimacy they lack effectiveness. The book concludes that international criminal trials must adopt procedures that emphasise fairness to all of the parties and trial participants if they wish to accomplish any of the goals set for them. Each chapter is devoted to identifying and explaining a different trial goal, providing analysis of how that particular goal functions in conjunction with the other goals, and discussing the ways in which a fairness-oriented trial model will help achieve those goals. The book provides a dynamic understanding of the different trial goals and the importance of fairness in the trial process by drawing on research from a variety of different legal disciplines while also incorporating scholarship rooted in criminology, political theory, international relations, and psychology. The book will be essential reading for researchers, academics and professionals working in the areas of International Criminal Law, Public International Law and Transitional Justice.
Fairness And The Goals Of International Criminal Trials
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Author : Caleb Henry Wheeler
language : en
Publisher:
Release Date : 2023
Fairness And The Goals Of International Criminal Trials written by Caleb Henry Wheeler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Criminal procedure (International law) categories.
"This book presents a ground-breaking, interdisciplinary study into the various goals assigned to international criminal trials. It starts from the proposition that no hierarchy exists amongst the different goals meaning that trials should strive to achieve all of them in equal measure. This is made difficult by the fact that not all of these goals are compatible and the fulfilment of one may lead to others going unmet. Therefore, a balance must be found if the goals of trial are to be achieved at all. The book posits that fairness should serve as the guiding principle when weighing the different trial goals against one another. It is argued that without fairness international and internationalised criminal courts and tribunals lack legitimacy and without legitimacy they lack effectiveness. The book concludes that international criminal trials must adopt procedures that emphasise fairness to all of the parties and trial participants if they wish to accomplish any of the goals set for them. Each chapter is devoted to identifying and explaining a different trial goal, providing analysis of how that particular goal functions in conjunction with the other goals, and discussing the ways in which a fairness oriented trial model will help achieve those goals. The book provides a dynamic understanding of the different trial goals and the importance of fairness in the trial process by drawing on research from a variety of different legal disciplines while also incorporating scholarship rooted in criminology, political theory, international relations, and psychology. The book will be essential reading for researchers, academics and professionals working in the areas of International Criminal Law, Public International Law and Transitional Justice"--
Fairness In International Criminal Trials
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Author : Yvonne McDermott
language : en
Publisher: Oxford University Press
Release Date : 2016-01-21
Fairness In International Criminal Trials written by Yvonne McDermott and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-21 with Law categories.
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.
Punishing Atrocities Through A Fair Trial
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Author : Jonathan Hafetz
language : en
Publisher:
Release Date : 2018-04-19
Punishing Atrocities Through A Fair Trial written by Jonathan Hafetz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-19 with Law categories.
Punishing Atrocities through a Fair Trial examines the tension between punishing mass atrocity and ensuring a fair trial for defendants.
International Criminal Procedure Principles And Rules
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Author : Göran Sluiter
language : en
Publisher: OUP Oxford
Release Date : 2013-03-21
International Criminal Procedure Principles And Rules written by Göran Sluiter and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.
International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.
Evidence In International Criminal Trials
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Author : Mark Klamberg
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-03-27
Evidence In International Criminal Trials written by Mark Klamberg and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-27 with Law categories.
In Evidence in International Criminal Trials Mark Klamberg compares procedural activities relevant for international criminal tribunals and the International Criminal Court, including evaluation, collection, disclosure, admissibility and presentation of evidence. The author analyses what objectives are recognized in relation to the aforementioned procedural activities and whether it is possible to establish a priority between them. The concept of “robustness” is introduced to discuss the quantity of evidence in addition to concepts that deal with quality. Finally, the exclusion of every reasonable hypothesis of innocence method is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence. The book seeks to provide guidance on how to confront legal as well as factual issues.
Avoiding A Full Criminal Trial
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Author : Koen Vriend
language : en
Publisher: Springer
Release Date : 2016-10-12
Avoiding A Full Criminal Trial written by Koen Vriend and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-12 with Law categories.
In modern societies, full criminal trials are avoided on many occasions. This book is concerned with mechanisms that either divert from or speed up the proceedings. Koen Vriend argues that the fair trial rights as established by the European Court of Human Rights under Article 6 ECHR provide a normative framework that does not only apply in a full criminal trial, but that it can also be used for diverted and shortened proceedings. He shows that the concept of fairness—as derived from ECtHR case law—is a fundamental principle that underlies all criminal law enforcement. It provides for the appropriate framework to assess whether diverted or shortened proceedings are fair and legitimate. The book is intended for criminal law scholars and practitioners and human rights scholars. Dr. Koen Vriend is a Lecturer of Criminal Law and Criminal Procedural Law at the University of Amsterdam.
The Right To Be Present At Trial In International Criminal Law
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Author : Caleb H. Wheeler
language : en
Publisher: BRILL
Release Date : 2018-10-18
The Right To Be Present At Trial In International Criminal Law written by Caleb H. Wheeler and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-18 with Law categories.
In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses how the right to be present is understood by international criminal courts and tribunals in the context of the right to a fair trial.
Fairness And Rights In International Criminal Procedure
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Author : Sophie Rigney
language : en
Publisher: EUP
Release Date : 2024-02-29
Fairness And Rights In International Criminal Procedure written by Sophie Rigney and has been published by EUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-29 with Law categories.
Through an indepth critical analysis of procedural decisions at the ICTY and ICC between 2008 and 2018, Rigney shows that there is a clear separation between fairness and rights in practice. She demonstrates tthat fairness is invoked in international criminal law decisions in inconsistent ways that are frequently at odds with defendants' rights.
International Criminal Justice
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Author : Michael Bohlander
language : en
Publisher: Cameron May
Release Date : 2007
International Criminal Justice written by Michael Bohlander and has been published by Cameron May this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.