Hybrid And Internationalised Criminal Tribunals
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Hybrid And Internationalised Criminal Tribunals
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Author : Sarah Williams
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-04-02
Hybrid And Internationalised Criminal Tribunals written by Sarah Williams and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-02 with Law categories.
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
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Author : Aaron Fichtelberg
language : en
Publisher: Springer
Release Date : 2015-06-09
Hybrid Tribunals written by Aaron Fichtelberg and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-09 with Social Science categories.
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 Tribunals
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Author : Aaron Fitchtelberg
language : en
Publisher: Springer
Release Date : 2015-06-12
Hybrid Tribunals written by Aaron Fitchtelberg and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-12 with Social Science categories.
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 In Context
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Author : Philipp Kastner
language : en
Publisher: Routledge
Release Date : 2017-10-20
International Criminal Law In Context written by Philipp Kastner and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-20 with Law categories.
International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.
Hybrid And Internationalized Criminal Tribunals Jurisdictional Issues
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Author :
language : en
Publisher:
Release Date : 2009
Hybrid And Internationalized Criminal Tribunals Jurisdictional Issues written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
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.
The Ashgate Research Companion To International Criminal Law
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Author : Yvonne McDermott
language : en
Publisher: Routledge
Release Date : 2016-03-23
The Ashgate Research Companion To International Criminal Law written by Yvonne McDermott and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-23 with Law categories.
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.
International Criminal Law Transnational Criminal Organizations And Transitional Justice
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Author : Héctor Olásolo
language : en
Publisher: BRILL
Release Date : 2018-08-16
International Criminal Law Transnational Criminal Organizations And Transitional Justice written by Héctor Olásolo and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-16 with Law categories.
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.
International Practices Of Criminal Justice
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Author : Mikkel Jarle Christensen
language : en
Publisher: Routledge
Release Date : 2017-11-06
International Practices Of Criminal Justice written by Mikkel Jarle Christensen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-06 with Law categories.
International Practices of Criminal Justice: Social and Legal Perspectives examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international criminal law and international police cooperation. Although often thought of separately, each of these fields presents criminal justice as a governance method for resolving international challenges and crises. By focusing on examples from international criminal tribunals, transitional justice, transnational crime, and transnational policing and prosecution, the contributors to this collection all examine how criminal justice is unmoored from the state, while also attending to the struggles and challenges that emerge when criminal justice is used as a form of international action. International Practices of Criminal Justice: Social and Legal Perspectives breaks new ground in criminology, international legal studies and the sociology of law, and will be of interest to students, scholars, and practitioners across a wide array of fields in criminal justice, international law, and international governance.
The Making Of International Criminal Justice
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Author : Theodor Meron
language : en
Publisher: OUP Oxford
Release Date : 2012-09-13
The Making Of International Criminal Justice written by Theodor Meron and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-13 with Law categories.
There has been a quiet revolution over the course of the past quarter century in the prosecution of individuals for war crimes before international courts. 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 just 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, past President of the International Criminal Tribunal for the former Yugoslavia, and Appeals Judge for both the Yugoslavia and Rwanda Tribunals, 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 regarding everything from sentencing and self-representation to the law of genocide and the protection of prisoners of war, the contributions of other international courts, and the responsibilities of international jurists. Judge Meron's personal reflections and unparalleled experience in international criminal justice make this volume as rewarding for experts as it is for the general public.
Trials And Tribulations Of International Prosecution
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Author : Henry F. Carey
language : en
Publisher: Lexington Books
Release Date : 2013-02-14
Trials And Tribulations Of International Prosecution written by Henry F. Carey and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-14 with Law categories.
There have been many political dilemmas that impose structural constraints on the effort to legalize, judicialize, and criminalize normatively deviant behavior in international politics. The annual costs of these tribunals has peaked at approximately $400 million, of which $140 million is allocated to the ICC, the latter now having spent $1 billion in its first decade of existence. What has been the track record of these international criminal courts with jurisdiction to try heads of states and leading official and military officers? Has the domestic political will of states increased to prosecute their own leaders, following the ICC’s complimentary jurisdiction? How have powerful states supported these courts and how have they undermined them? In succeeding in punishing a number of high-profile cases, the tribunals arguably constitute what Habermas called communicative action that expresses the aspirations and nascent norms of international society. Beyond the confines of a specific of international cooperation, these courts are increasingly becoming norm entrepreneurs, defining the norms of coexistence among states, such that internal atrocities are seen not only as international crimes, but threats to the stability and order of international society. These courts are also redefining the attributes of what states must practice to preserve their reputations, a breach of which will prove increasingly costly. The tribunals are increasingly incentivizing and mobilizing informational networks from NGOs, IGOs, and states to document and publicize violations of international criminal law, thereby increasing exposure risks of perpetration. To be sure the patchwork of compliance and norm communication is fraught with double standards, hypocrisy, selective enforcement, and neoimperial delegitimation of the subaltern. Still, what has begun as institutions created in the absence of humanitarian action by the powerful may come to constitute normal state attributes similar to sovereignty, whose violation will be seen as not only illegitimate, but also meriting humanitarian action to correct and punish such behavior. The question remains whether ongoing impunity of both the powerful and the powerless will undermine or limit this potential.
