International Criminal Tribunals And Human Rights Law
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International Criminal Tribunals And Human Rights Law
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Author : Krit Zeegers
language : en
Publisher: Springer
Release Date : 2016-04-13
International Criminal Tribunals And Human Rights Law written by Krit Zeegers and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-13 with Law categories.
This book addresses the interpretation and application of human rights norms by International Criminal Tribunals (ICTs). Such Tribunals are widely heralded as human rights defenders. At the same time, however, they employ activities that necessary entail the risk of human rights violations: they conduct criminal investigations, arrest and detain individuals, and put them on trial. This book investigates this flip-side of the ICTs’ relationship with international human rights law, and focuses on the ICTs’ own interpretation and application of human rights norms. First, the book addresses whether and how ICTs are bound by human rights law, since unlike states, they do not sign or ratify human rights conventions. Second, the book provides an in-depth analysis of the way in which ICTs interpret and apply human rights norms, compared to the way in which these norms are interpreted in a traditional state-context. Relying on the unique circumstances in which they operate, ICTs have often deviated from generally accepted interpretations of human rights. The author critically examines this so-called contextual approach and seeks to recommend ways in which ICTs can improve their interpretative practice by giving due regard to the context in which they operate, while still providing adequate human rights protection. Addressing the ICTs’ possible leeway in terms of contextualization, this book contributes to the broader debates about adherence to human rights norms in international law. Krit Zeegers is an Associate at Allen & Overy LLP, Amsterdam, and previously worked as a researcher / junior lecturer at the University of Amsterdam.
Judicial Dialogue On Human Rights
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Author : Paolo Lobba
language : en
Publisher: BRILL
Release Date : 2017-08-28
Judicial Dialogue On Human Rights written by Paolo Lobba and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-28 with Law categories.
The book presents a critical assessment on the use of human rights case law by international criminal tribunals. Based on the inadequacies highlighted though this analysis, the book propounds a coherent method to transfer human rights standards into international criminal justice.
Human Rights And International Criminal Law
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Author : Borhan Uddin Khan
language : en
Publisher: BRILL
Release Date : 2022-03-16
Human Rights And International Criminal Law written by Borhan Uddin Khan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-16 with Law categories.
The book considers human rights approaches to crimes from a theoretical and practical perspective, analyses various crimes under international law, and examines the application, implementation and enforcement of international criminal law.
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.
The Right To Appeal In International Criminal Law
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Author : Drazan Djukić
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2019-05-15
The Right To Appeal In International Criminal Law written by Drazan Djukić 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 2019-05-15 with Law categories.
In The Right to Appeal in International Criminal Law Dražan Djukić describes appeal proceedings in international criminal law and evaluates them against human rights benchmarks. While international criminal courts and tribunals mainly comply with these benchmarks, they have fallen short in certain important areas. Despite their importance to the legal process, appeal proceedings tend to receive limited attention. On the basis of benchmarks arising from international human rights law, Dražan Djukić systematically assesses the law and practice concerning appeal proceedings in international criminal law.
International Criminal Justice
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Author : Professor Roberto Bellelli
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-02-28
International Criminal Justice written by Professor Roberto Bellelli and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-28 with Law categories.
This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice by using case studies to provide advice for possible future developments in international criminal procedure and law.
The Law And Jurisprudence Of The International Criminal Tribunals And Courts
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Author : Vladimir Tochilovsky
language : en
Publisher: Intersentia Uitgevers N V
Release Date : 2014
The Law And Jurisprudence Of The International Criminal Tribunals And Courts written by Vladimir Tochilovsky and has been published by Intersentia Uitgevers N V this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
This book provides the most comprehensive overview of the law and jurisprudence of the ad hoc international criminal tribunals and courts, as well as the International Criminal Court. It also includes relevant jurisprudence of the European Court of Human Rights and practice of the UN Human Rights Committee. The book examines the nature and evolution of the relevant statutory provisions of the international tribunals and provides the rationale behind the evolution. It significantly expands the subject matter of the relevant jurisprudence and reflects the developments and the current state of human rights standards in international criminal procedure. With cited jurisprudence and law that is up-to-date as of September 1, 2013, the book contains a digest and analysis of decisions, orders, and judgments of: the International Criminal Tribunal for the Former Yugoslavia * the International Criminal Tribunal for Rwanda * the Special Court for Sierra Leone * the Extraordinary Chambers in the Courts of Cambodia * the International Criminal Court * the European Court of Human Rights.
The Right To The Truth In International Law
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Author : Melanie Klinkner
language : en
Publisher: Routledge
Release Date : 2019-07-26
The Right To The Truth In International Law written by Melanie Klinkner and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-26 with Law categories.
The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.
The Law And Jurisprudence Of The International Criminal Tribunals And Courts
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Author : Vladimir Tochilovsky
language : en
Publisher:
Release Date : 2022-01-24
The Law And Jurisprudence Of The International Criminal Tribunals And Courts written by Vladimir Tochilovsky and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-24 with Criminal procedure (International law) categories.
This book provides the most comprehensive overview of the law and jurisprudence of the international and internationalized criminal courts and tribunals concerning procedure, evidence, and human rights. The author analyses the origin and evolution of the relevant statutory provisions and provides the rationale behind the evolution. Relevant jurisprudence of the European Court of Human Rights and practice of the UN Human Rights Committee are included. This edition reflects developments of the law and jurisprudence since the previous edition and expands its subject matter. The cited jurisprudence and law is up to date as on 1 September 2021. The Law and Jurisprudence of the International Criminal Tribunals and Courts contains a digest and analysis of relevant decisions and judgements as well as the law of the ICC and other international courts and tribunals. It also provides references to the relevant judgements of the ECtHR and the views of the CCPR. It will be of interest to practitioners, scholars, and law students interested in international criminal justice. About the previous edition 'Tochilovsky is one of the most respected writers in this area. Having practised before the ICTY from the earliest days and having acquired a wealth of international experience he is uniquely placed to write with authority and insight. His latest work is exceptional and superbly comprehensive. It is indispensable to all judges, practitioners and commentators who wish to get to grips with the law and jurisprudence of the international criminal tribunal and courts. I do not keep it on the shelf of my library, but on my desk for constant reference. I recommend it without any hesitation. A "must have" work for all of us privileged to practice in this area.' Karim A.A. Khan - The Prosecutor of the International Criminal Court, Queen's Counsel, Barrister at Temple Garden Chambers, London, former Assistant UN Secretary-General, Special Adviser and Head of the UNITAD, former Lead Counsel at the ICC, ICTY, SCSL, ECCC, EULEX and other courts 'Mr. Tochilovsky has done a masterful job of distilling the jurisprudence of different international tribunals in his comprehensive, wellorganized and clearly written survey, The Law and Jurisprudence of International Criminal Tribunals and Courts. It is an invaluable resource for practitioners of international criminal law and for academics who wish to navigate confidently through an increasingly dense thicket of law and procedure.' Judge Mark Brian Harmon - Extraordinary Chambers in the Courts of Cambodia, formerly a Senior Trial Attorney at the ICTY, a former Federal Prosecutor, Civil Rights Division, of the United States Department of Justice 'This book provides a valuable resource to, and a wealth of background material for, practitioners and experts in the field.' David Tolbert - The Registrar of the Special Tribunal for Lebanon, former President of the International Center for Transitional Justice, former Deputy Prosecutor of the ICTY
Designing Criminal Tribunals
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Author : Steven D. Roper
language : en
Publisher: Routledge
Release Date : 2017-11-30
Designing Criminal Tribunals written by Steven D. Roper and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Political Science categories.
Tracing the development of international humanitarian law especially since World War II, this volume focuses on the role of the international community in crafting international and mixed war crimes tribunals. It examines the cases of the former Yugoslavia, Rwanda, Sierra Leone, Cambodia and East Timor. These tribunals are legal institutions embedded within a political environment in which the need for nation-state consensus can undermine their judicial effectiveness and ultimately the quest for justice. One of the principal themes examined is how the demands of state sovereignty and finance have contributed to the constant innovation of these tribunals. This is the only book available covering the breadth of cases and it places these institutions within the general development of international humanitarian law.