Justice Beyond The Hague Supporting The Prosecution Of International Crimes In National Courts
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Justice Beyond The Hague
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Author : David A. Kaye
language : en
Publisher: Council on Foreign Relations
Release Date : 2011
Justice Beyond The Hague written by David A. Kaye and has been published by Council on Foreign Relations this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
When the International Criminal Tribunal for the former Yugoslavia (ICTY) was established more than twenty years ago, the international community had little experience prosecuting the perpetrators of genocide, war crimes, and other atrocities. Unfortunately, there has been ample opportunity to build expertise in the intervening decades; ad hoc tribunals have been established to address past crimes in Cambodia and Sierra Leone, and a formal International Criminal Tribunal for Rwanda (ICTR) was convened in the aftermath of Rwanda's 1994 genocide. Since 2002, the International Criminal Court (ICC) has assumed responsibility for new prosecutions, pursuing war criminals in countries unable or unwilling to bring them to justice domestically. Yet, after more than two decades of experience, the limits of these courts' capabilities are becoming clear. While they have brought some senior leaders to justice, the scope of the courts' budgets and their enquiries can never reach all--or even most--perpetrators of atrocities. They are physically far removed from the scenes of the crimes they are prosecuting, cannot compel evidence or conduct independent investigations, and are vulnerable to changes in funding and international political support. To overcome these and other difficulties, the international community must place greater emphasis on strengthening the national justice systems of the countries where atrocities have occurred. In this Council Special Report, David Kaye examines existing international justice mechanisms, analyzes how they have succeeded and where they have failed, and explains what reforms national legal systems will require to secure just and peaceful outcomes. Cognizant of the myriad individual challenges facing countries experiencing or emerging from violent conflict, Kaye nevertheless identifies a core set of common needs: political pressure on governments reluctant to prosecute perpetrators; assistance in building legal frameworks and training legal officials; support for investigations, including forensic analysis and security sector reform; and creating belief in the justice system among the local population. To these ends, Kaye outlines several recommendations for U.S. policymakers and their governmental and nongovernmental partners worldwide. Beginning in the United States, Kaye argues that Washington should expand diplomatic and financial support for national justice systems and appoint a senior official to oversee initiatives from the State Department, Justice Department, USAID, and other agencies. Abroad, he calls for the secretary of state to organize a donor conference to agree on funding priorities and responsibilities for the international community, and to establish a coordinating body to ensure that support for national-level justice systems is properly coordinated and informed by best practices. Justice Beyond The Hague provides important insights into the strengths and limitations of current international justice mechanisms. It makes a clear case for increasing support to national legal systems and outlines a variety of ways that the U.S. government can improve and coordinate its aid with others. While there will always be a place for international courts in countries that cannot or will not prosecute perpetrators themselves, this Council Special Report successfully argues that domestic systems can and should play a more meaningful role.
Justice Beyond The Hague Supporting The Prosecution Of International Crimes In National Courts
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Author : David A. Kaye
language : en
Publisher:
Release Date : 2022
Justice Beyond The Hague Supporting The Prosecution Of International Crimes In National Courts written by David A. Kaye and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
National Security And International Criminal Justice
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Author : Herwig Roggemann
language : en
Publisher: BRILL
Release Date : 2021-10-25
National Security And International Criminal Justice written by Herwig Roggemann and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.
One of the main problems of the International Ad hoc-tribunals in The Hague and Arusha, as well as of the permanent International Court, concerns the conflict between national security and secrecy interests of sovereign States arising in legal proceedings as a result of evidence interests and the court hearing the case. While an International Criminal Court cannot succeed without the necessary competence for gathering evidence, it can also not succeed if it fails to take account of legitimate national security interests. Written by well-known authors and commentators, the articles in the book deal with this controversy from the point of view of comparative law and legal politics. The topics covered focus on experiences and decisions from the practice of both ad hoc-tribunals, as well as political and legal discussions relating to the Statute and Rules of Procedure and Evidence of the permanent International Criminal Court.
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.
The Legacy Of The International Criminal Tribunal For The Former Yugoslavia
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Author : 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 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 most prolific international criminal court to date, the International Criminal Tribunal for the Former Yugoslavia had a broad impact on international law, human rights, the creation of the International Criminal Court, and the rule of law in the former Yugoslavia. In this book a group of leading experts take stock of its performance and legacy.
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 International Criminal Court And National Jurisdictions
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Author : Federica Gioia
language : en
Publisher: Routledge
Release Date : 2016-12-05
The International Criminal Court And National Jurisdictions written by Federica Gioia and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.
At a stage in its development when the workings of the International Criminal Court may be assessed, this timely volume provides valuable insights into its activities and, in particular, its interaction with national jurisdictions and international organizations. The contributors discuss a broad range of topics and present a 'first assessment' of complementarity. They address the issues at the heart of the substantive and procedural law of the Court and examine aspects relating to national implementation and international cooperation. These proceedings are the latest addition to the Trento Conference series, bringing together a wide range of leading scholars, diplomats and representatives of international organizations. As such, they provide an important contribution to the ongoing debate surrounding International Criminal Law and the International Criminal Court in particular. This thought-provoking study will be of value to researchers and policy makers alike.
From Nuremberg To The Hague
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Author : Philippe Sands
language : en
Publisher: Cambridge University Press
Release Date : 2003-03-06
From Nuremberg To The Hague written by Philippe Sands 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 2003-03-06 with History categories.
This 2003 collection of essays is based on five lectures organized jointly by Matrix Chambers of human rights lawyers and the Wiener Library between April and June 2002. Presented by leading experts in the field, this fascinating collection of papers examines the evolution of international criminal justice from its post World War II origins at Nuremberg through to the concrete proliferation of courts and tribunals with international criminal law jurisdictions based at The Hague today. Original and provocative, the lectures provide various stimulating perspectives on the subject of international criminal law. Topics include its corporate and historical dimension as well as a discussion of the International Criminal Court Statute and the role of the national courts. The volume offers a challenging insight into the future of international criminal legal system. This is an intelligent and thought-provoking book, accessible to anyone interested in international criminal law, from specialists to non-specialists alike.
Contested Justice
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Author : Christian De Vos
language : en
Publisher: Cambridge University Press
Release Date : 2015-12-18
Contested Justice written by Christian De Vos 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 2015-12-18 with Law categories.
An in-depth and interdisciplinary analysis of the politics and practice of the International Criminal Court. This title is also available as Open Access.
The International Criminal Court
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Author : Marlies Glasius
language : en
Publisher: Routledge
Release Date : 2006-03-29
The International Criminal Court written by Marlies Glasius and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-29 with Law categories.
A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?