International Criminal Tribunals
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The Un International Criminal Tribunals
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Author : William A. Schabas
language : en
Publisher: Cambridge University Press
Release Date : 2006-07-20
The Un International Criminal Tribunals written by William A. Schabas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-20 with Political Science categories.
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.
Strengthening The Validity Of International Criminal Tribunals
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Author : Joanna Nicholson
language : en
Publisher: BRILL
Release Date : 2018-05-03
Strengthening The Validity Of International Criminal Tribunals written by Joanna Nicholson and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-03 with Law categories.
Strengthening the Validity of International Criminal Tribunals provides multi-disciplinary perspectives concerning ways in which international criminal tribunals can be made more valid and effective in a time of uncertainty for the field of international criminal justice.
Judicial Creativity At The International Criminal Tribunals
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Author : Shane Darcy
language : en
Publisher: Oxford University Press
Release Date : 2010-12-16
Judicial Creativity At The International Criminal Tribunals written by Shane Darcy 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 2010-12-16 with History categories.
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.
The Legacy Of The International Criminal Tribunal For The Former Yugoslavia
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Author : the late Bert Swart
language : en
Publisher: Oxford University Press
Release Date : 2011-05-19
The Legacy Of The International Criminal Tribunal For The Former Yugoslavia written by the late Bert Swart 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 2011-05-19 with Law categories.
The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established in 1993 and is due to complete its trials by 2011. Easily the most credible and prodigious of the international tribunals established in this period, the ICTY is by far the most important source of case law on international criminal law. This is reflected in the citations it receives by other courts and by learned commentators. Long after its dissolution, the ICTY will most likely serve as an important frame of reference for the International Criminal Court and other courts dealing with international crimes, including national courts. The publication of this book coincides with the year of cessation of trial activity at the ICTY. Its purpose is to mark this significant milestone in international law with a series of in-depth, critical reflections on the institution's legacy by eminent scholars and practitioners. In the course of seventeen chapters, the contributing authors analyse the main features of the ICTY's work in an unprecedented examination of the institution's legitimacy, core principles, methodologies, unstated assumptions, political circumstances, and impact-and indeed, its legacy.
An Introduction To The Law Of International Criminal Tribunals
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Author : Geert-Jan Knoops
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-09-11
An Introduction To The Law Of International Criminal Tribunals written by Geert-Jan Knoops 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 2014-09-11 with Law categories.
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.
Two Steps Forward One Step Back
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Author : Linda Carter
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2017-04-29
Two Steps Forward One Step Back written by Linda Carter and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-29 with Law categories.
This anthology offers case studies on the deterrent effect of international criminal tribunals in ten situations, six of which are International Criminal Court situations. The case studies cover four different international tribunals. This gives a new comparative perspective on the impact of international criminal law since the early 1990s. The book seeks to contribute to an important discourse on deterrence: on how international criminal tribunals can assist in a global, co-operative effort to prevent core international crimes. Thirteen authors draw on both quantitative and qualitative factors to assess the rise and fall of criminality and perceptions of deterrence amongst a wide variety of respondents. The studies are based on first-hand information where feasible. They are multi-disciplinary and holistic. Apart from the two editors, the book has contributions by Evelyne Owiye Asaala, Olivia Bueno, Dafi na Bucaj, Seydou Doumbia, Mackline Ingabire, Kasande Sarah Kihika, Sladjana Lazic, Sharanjeet Parmar, Kounkin Augustin Som and Eleanor D. Thompson. It presents concrete findings and recommendations to inform future work of international criminal tribunals including the International Criminal Court.
Surrendering To International Criminal Courts Contemporary Practice And Procedures
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Author : Geert-Jan Knoops
language : en
Publisher: BRILL
Release Date : 2021-10-01
Surrendering To International Criminal Courts Contemporary Practice And Procedures written by Geert-Jan Knoops and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-01 with Law categories.
This innovative book provides an incisive, knowledgeable and comprehensive study of the promises and limitations of the emerging phenomenon of surrender of individuals to international criminal courts, such as the International Criminal Court of the Former Yugoslavia (ICTY), the International Criminal Court of Rwanda (ICTR), and the International Criminal Court (ICC). It is the first study on this area. The author analyses the distinctions and similarities with international extradition norms and persuasively establishes the international legal confinements of the surrender concept and the role of states and NATO-forces within this concept. In developing an international uniform framework for the surrender of individuals to international criminal courts, the author meticulously examines the Statutes of the ICTY, ICTR and ICC as well as their case law on this subject in conjunction with that of the European Court of Human Rights. Published under the Transnational Publishers imprint.
The International Criminal Tribunal For The Former Yugoslavia
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Author : Rachel Kerr
language : en
Publisher: OUP Oxford
Release Date : 2004-01-15
The International Criminal Tribunal For The Former Yugoslavia written by Rachel Kerr and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-15 with Political Science categories.
On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice - politics and law. The establishment of ad hoc tribunals for the former Yugoslavia and Rwanda was followed by the adoption of the Rome Statute of the ICC in July 1998, the arrest of General Augusto Pinochet in London in October 1998, and the establishment of ad hoc tribunals in Cambodia, Sierra Leone, and East Timor, all of which pointed to an emerging norm of international criminal justice. The key to understanding this is the relationship between the political mandate and the judicial function. The Tribunal was established as a tool of politics, but it was a judicial, not a political tool. This book provides a systematic examination of the Tribunal, what it is, why it was established, how it functions, and where its significance lies. The central question is whether an international judicial institution, such as the Tribunal, can operate in a highly politicized context and fulfill an explicit political purpose, without the judicial process becoming politicized. Separate chapters chart the origins of the court, the process of establishment, jurisdiction, procedure, state co-operation, including obtaining custody of accused, and the role and function of the Chief Prosecutor. This last element is the key to the Tribunal's success in maintaining a delicate balancing act so that its external political function does not impinge on its impartial judicial status, and instead enhances its effectiveness. The book concludes with an assessment of the conduct of the Milosevic case to date.
The Un International Criminal Tribunals
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Author : Klaus Bachmann
language : en
Publisher: Routledge
Release Date : 2015-03-24
The Un International Criminal Tribunals written by Klaus Bachmann and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-24 with Political Science categories.
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.
Histories Written By International Criminal Courts And Tribunals
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Author : Aldo Zammit Borda
language : en
Publisher: Springer Nature
Release Date : 2020-12-18
Histories Written By International Criminal Courts And Tribunals written by Aldo Zammit Borda and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-18 with Law categories.
This book argues for a more moderate approach to history-writing in international criminal adjudication by articulating the elements of a “responsible history” normative framework. The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives has gained renewed relevance in the context of the recent turn to history in international criminal law, the growing attention to the historical legacies of the ad hoc Tribunals and the minimal attention paid to historical context in the first judgment of the International Criminal Court. The starting point for this discussion is that, in cases of mass atrocities, prosecutors and judges are inevitably understood to be engaged in writing history and influencing collective memory, whether or not they so intend. Therefore, while writing history is an inescapable feature of ICTs, there is still today a significant lack of consensus over the proper place of this function. Since Hannah Arendt articulated her doctrine of strict legality, in response to the prosecutor’s expansive didactic approach in Eichmann, the legal debate on the subject has been largely polarised between restrictive and expansive approaches to history-writing in mass atrocity trials. What has been noticeably missing from this debate is the middle ground. The contribution this book seeks to make is precisely to articulate a framework that occupies that ground. The book asks: what are the lenses through which judges of ICTs interpret historical events, what kind of histories do ICTs write? and what kinds of histories should ICTs produce? Its arguments for a more moderate approach to history-writing are based on three distinct, but interrelated grounds: (1) Truth and Justice; (2) Right to Truth; and (3) Legal Epistemology. Different target audiences may benefit from this book. Court officials and legal practitioners may find the normative framework developed herein useful in addressing the tensions between the competing objectives of ICTs and, in particular, in assessing the value of the history-writing function. Lawyers, historians and other academics may also find the analysis of the strengths, constraints and blind spots of the historical narratives written by ICTs interesting. This issue is particularly timely in view of current debates on the legacies of ICTs. Aldo Zammit Borda is Director of the Centre for Access to Justice and Inclusion at Anglia Ruskin University, Cambridge, UK.