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Designing Criminal Tribunals

Designing Criminal Tribunals
Author: Steven D. Roper
Publisher: Routledge
Total Pages: 200
Release: 2017-11-30
Genre: Political Science
ISBN: 1351160109

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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.


The Standing of Victims in the Procedural Design of the International Criminal Court

The Standing of Victims in the Procedural Design of the International Criminal Court
Author: Tatiana Bachvarova
Publisher: Martinus Nijhoff Publishers
Total Pages: 279
Release: 2017-05-08
Genre: Law
ISBN: 9004338616

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This book canvasses the autonomous position of victims before the International Criminal Court. It seeks to provide an objective and balanced perspective, and neither rejects the idea of victims’ participation nor seeks to extend it beyond the contours determined by the founders of the ICC. The author contributes to the existing debate in academia and in practice by delineating the core, most complex and contentious matters ensuing from the role assigned to victims. The scrupulously selected issues unveil and blueprint the essential characteristics that delimit the standing of victims as independent actors in the ICC’s arena, distinct from the parties and other non-party participants. As an integral part of the ICC’s synergy, victims converge and interact with its other components. Therefore, the position and role of victims are contemplated in the context of the Court’s procedural mechanism and the mission pursued by the parties and the Chamber. The philosophy underpinning the ICC’s design and the standing of victims therein also requires analysis from a wider perspective. Accordingly, the volume draws an in-depth parallel with relevant developments and trends at the international and domestic level. Close attention is paid to the legal instruments and jurisprudence of international(ized) criminal justice bodies, human rights institutions and non-criminal jurisdictions to the extent useful for shedding further light on the issues at hand. Recourse is also made to various national systems, whenever relevant.


Designing International Institutions: Process and Practice in the Making of an International Criminal Court

Designing International Institutions: Process and Practice in the Making of an International Criminal Court
Author: Anne Holthoefer
Publisher:
Total Pages: 332
Release: 2011
Genre:
ISBN: 9781267071651

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Empirically the dissertation studies the creation of the International Criminal Court through the practices of institutional designers themselves, how they stabilize a set of power relationships via rules and norms in relation to the past and to the future. In particular, the dissertation discusses the role of legal experts by analyzing the historical development of the concept of international crime in the interwar period and the rising demand for international criminal jurisdiction in the wake of World War II that culminated in multilateral negotiations over an international criminal court. By focusing on the practices of international legal experts the dissertation demonstrates how the design of an institution is affected by the productive tension between politics, normative concerns (over goals, legitimacy, efficiency) and the requirements of international legality in the production of institutional rules, norms and decision making.


Linguistic Justice at the International Criminal Tribunal for the Former Yugoslavia

Linguistic Justice at the International Criminal Tribunal for the Former Yugoslavia
Author: Besmir Fidahić
Publisher: Cambridge Scholars Publishing
Total Pages: 389
Release: 2020-11-24
Genre: Language Arts & Disciplines
ISBN: 1527562697

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The first of its kind, this book treats language justice in the realm of the international criminal law, focusing specifically on the International Criminal Tribunal for the Former Yugoslavia (ICTY). Defining linguistic justice to mean whether the parties to the proceedings have been addressed by the ICTY in their own language, this study explores the conditions for the delivery of linguistic justice in a context where language plays a key role in the conflict. After presenting a very brief history of language quarrels in the former Yugoslavia and pointing to a series of examples where the language, and underlying ethnic and national identities, have been used as a tool for a conflict, the book reviews ICTY language laws, language-related case law, and procedural linguistic equality of arms between the ICTY Prosecution and Defense to set the stage for language-related work that had to be carried out by the ICTY’s language services providers. After reviewing the history, the recruitment, professional criteria and standards, and training of all ICTY language professionals, this book explores whether linguistic justice has been served by showing overall outputs in translation and interpretation, overall ethnicity- and nationality-based language service delivery, and translation of the permanent court record. It shows that there is much more to provision of language services at international criminal tribunals adjudicating on ethnically motivated war crimes than traditionally thought, and questions whether any of it make any sense as things stand.


International Criminal Tribunals

International Criminal Tribunals
Author: Daniel McLaughlin
Publisher:
Total Pages: 92
Release: 2013
Genre: Crimes against humanity
ISBN:

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"There is wide awareness, though little true understanding, of the work of the international criminal tribunals. International prosecutions of high-ranking civilian and military leaders, including former heads of state, on charges of crimes against humanity, war crimes and genocide, represent for many the ultimate condemnation of these individuals' past actions and a measure of their fall from power. Yet, despite the tribunals' grasp on the popular imagination, they are the subject of significant misconceptions and confusion. Much of the media coverage dedicated to their work remains superficial, at best, and largely muddles over key distinctions between various tribunals, past and present. Conversely, the more informed scholarship is largely confined to specialty publications that remain inaccessible to most. In truth, many lawyers and non-lawyers alike lack a clear understanding of the role and functioning of these increasingly-pivotal international institutions. This publication seeks to redress this knowledge gap by providing well-researched and accessible information for those wishing to more fully understand the international criminal tribunals and the conflicts over which they have jurisdiction. An informed public is an engaged public--and the issues that animate these tribunals, including delivering justice for victims of some of the world's worst atrocities, are too significant to be discussed solely by a small cadre of international criminal law specialists. Notably, this publication was created in partnership with graphic and information designers so as to reach a broader public. The designers' visualizations present information regarding the tribunals and their underlying conflicts in a direct and accessible manner to a wide range of viewers, including those without a legal background. Beyond this democratizing function, information visualization also serves to reveal important data and trends that might otherwise go unnoticed in a more conventional format. Ideally, the following information, which is current as of January 2013, would be integrated into a continually updated interactive webportal dedicated to engaging a global public on issues of international justice. In sum, this publication aims to facilitate a broader discussion of the international criminal tribunals' notable accomplishments, as well as ongoing shortcomings."--Why this publication?, page 4.


Power and Principle

Power and Principle
Author: Christopher Rudolph
Publisher: Cornell University Press
Total Pages: 247
Release: 2017-04-18
Genre: Political Science
ISBN: 1501708414

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On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world’s most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.


International Criminal Tribunals and Domestic Accountability

International Criminal Tribunals and Domestic Accountability
Author: Patryk I. Labuda
Publisher:
Total Pages: 0
Release: 2023
Genre: Complementarity (International law)
ISBN: 9780192639554

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By interrogating how international criminal tribunals relate to their domestic counterparts through the principle of complementarity, International Criminal Tribunals and Domestic Accountability advocates for improved institutional design and less deference toward states to strengthen the enforcement of international criminal law.


The Legitimacy of International Criminal Tribunals

The Legitimacy of International Criminal Tribunals
Author: Nobuo Hayashi
Publisher: Cambridge University Press
Total Pages: 843
Release: 2017-01-19
Genre: Law
ISBN: 1316943151

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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.