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The Legitimacy Of International Criminal Tribunals

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The Legitimacy Of International Criminal Tribunals

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Author : Nobuo Hayashi
language : en
Publisher:
Release Date : 2017

The Legitimacy Of International Criminal Tribunals written by Nobuo Hayashi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with International criminal courts categories.

With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.

International Criminal Justice

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Author : Gideon Boas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01

International Criminal Justice written by Gideon Boas and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.

ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.

The Legitimacy Of International Criminal Tribunals

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Author : Nobuo Hayashi
language : en
Publisher: Cambridge University Press
Release Date : 2018-06-30

The Legitimacy Of International Criminal Tribunals written by Nobuo Hayashi 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 2018-06-30 with Law categories.

Shocking The Conscience Of Humanity

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Author : Margaret M. deGuzman
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-04-13

Shocking The Conscience Of Humanity written by Margaret M. deGuzman and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-13 with Law categories.

The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.

Legitimacy And International Courts

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Author : Harlan Grant Cohen
language : en
Publisher: Cambridge University Press
Release Date : 2018-02-22

Legitimacy And International Courts written by Harlan Grant Cohen 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 2018-02-22 with Law categories.

An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.

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 Tribunals

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Author : Larry May
language : en
Publisher:
Release Date : 2017

International Criminal Tribunals written by Larry May and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with International criminal courts categories.

This book considers critics of international criminal law concerning normative concepts of legitimacy, sovereignty, responsibility, punishment, economics, politics, evidence, and fairness.

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.

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.

Quasi State Entities And International Criminal Justice

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Author : Ernst Dijxhoorn
language : en
Publisher: Taylor & Francis
Release Date : 2017-02-17

Quasi State Entities And International Criminal Justice written by Ernst Dijxhoorn and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-17 with Law categories.

This book explores the intended and unintended impact of international criminal justice on the legitimacy of quasi-state entities (QSEs). In order to do so, the concept of ‘quasi-state entity’ is introduced to distinguish actors in statehood conflicts that aspire to statehood, and fulfil statehood functions to a greater or lesser degree, including the capacity and willingness to deploy armed force, but lack the status of sovereign statehood. This work explores the ability of QSEs to create and maintain legitimacy for their actions, institutions and statehood projects in various constituencies simultaneously. It looks at how legitimacy is a prerequisite for success of QSEs and, using critical legitimacy theory, assesses the legitimating narratives of QSEs and their statehood adversaries. The book links international criminal justice to statehood projects of QSEs and their success and legitimacy. It looks at the effects of international criminal justice on the ability to create and maintain legitimacy of QSEs, an approach that leads to new insights regarding international courts and tribunals as entities competing with states over statehood functions that increasingly have to take the legal implications of their actions into consideration. Most important, a close assessment of the legitimising narratives of QSEs, counter narratives, and the messages sent by international criminal justice with which QSEs have to deal, and their ability to overcome legitimacy crises, provides insight on QSEs and the complex processes of legitimation. This book will be of much interest to students of international criminal justice, political violence, security studies and IR.

The Legitimacy Of International Criminal Tribunals

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