The Position Of Witnesses Before The International Criminal Court PDF Download
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Author | : Sylvia Ntube Ngane |
Publisher | : BRILL |
Total Pages | : 430 |
Release | : 2015-08-25 |
Genre | : Law |
ISBN | : 900430195X |
Download The Position of Witnesses before the International Criminal Court Book in PDF, ePub and Kindle
The book is an evaluation of the doctrine and practice of international criminal courts and tribunals on the position of witnesses against a theoretically informed ideal of a cosmopolitan world order. It seeks to ascertain that there is a cosmopolitan international community, with shared values, that are instantiated in the international criminal tribunals, and that is what justifies the exercise of jurisdiction over witnesses who provide false testimony or engage in other forms of contempt of court. The book evaluates the practice of the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.
Author | : Hirad Abtahi |
Publisher | : BRILL |
Total Pages | : 331 |
Release | : 2005-11-01 |
Genre | : Law |
ISBN | : 9047417801 |
Download The Dynamics of International Criminal Justice Book in PDF, ePub and Kindle
This book is dedicated to the memory of Sir Richard May, who passed away on 1 July 2004, and to the rich legacy he has left behind in the area of international criminal law. It contains in-depth analyses of a range of issues critical to the development and understanding of international criminal law, written by contributors who worked in some way with Sir Richard during his tenure at the ICTY, particularly during his last years as Presiding Judge of the Milošević Trial. It contains a Foreword by the President of the ICTY, Theodor Meron, and substantive work in three main parts: one chapter concerning the development and understanding of human rights; five chapters addressing international criminal law issues in the context of ICTY proceedings; and two chapters focusing on substantive aspects of international criminal law. All the chapters analyse international criminal law as applied by the ICTY, as well as the ICC, ICTR and other international or hybrid criminal tribunals, and are all authored by persons in a position to give great insight into the subject matter discussed.
Author | : Mark Klamberg |
Publisher | : Torkel Opsahl Academic EPublisher |
Total Pages | : 819 |
Release | : 2017-04-29 |
Genre | : Law |
ISBN | : 8283481010 |
Download Commentary on the Law of the International Criminal Court Book in PDF, ePub and Kindle
Author | : Tatiana Bachvarova |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 279 |
Release | : 2017-05-18 |
Genre | : Law |
ISBN | : 9004338616 |
Download The Standing of Victims in the Procedural Design of the International Criminal Court Book in PDF, ePub and Kindle
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 or seeks to extend it beyond the contours determined by the founders of the ICC.
Author | : James D Meernik |
Publisher | : University of Michigan Press |
Total Pages | : 232 |
Release | : 2019-02-07 |
Genre | : Political Science |
ISBN | : 0472124854 |
Download Judging Justice Book in PDF, ePub and Kindle
Some injustices are so massive, so heinous, and so extraordinary that ordinary courts are no longer adequate. The creation of international courts and tribunals to confront major violations of human rights sought to bring justice to affected communities as well as to the entire world. Yet if justice is a righting of the imbalance between what has happened and what is reflected in the law, no amount of punishment and no judgment could compensate for that suffering and loss. In order to understand the meaning of justice, James David Meernik and Kimi Lynn King studied the perspective of witnesses who have testified before the International Criminal Tribunal for the Former Yugoslavia (ICTY). Using a unique survey, Meernik and King look at the identity of the victims and their perception of the fairness of ICTY. Because of the need to justify the practical and emotional difficulties involved in testifying before an international tribunal, witnesses look not just to the institution to judge its effectiveness, but also to their own contribution, by testifying effectively. The central elements of the theory Meernik and King develop—identity, fairness, and experience—transcend specific conflicts and specific countries and are of importance to people everywhere.
Author | : Carsten Stahn |
Publisher | : BRILL |
Total Pages | : 793 |
Release | : 2009 |
Genre | : Political Science |
ISBN | : 9004166556 |
Download The Emerging Practice of the International Criminal Court Book in PDF, ePub and Kindle
The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.
Author | : Carsten Stahn |
Publisher | : Oxford University Press, USA |
Total Pages | : 1441 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0198705166 |
Download The Law and Practice of the International Criminal Court Book in PDF, ePub and Kindle
The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Author | : Christoph Safferling |
Publisher | : Springer Nature |
Total Pages | : 390 |
Release | : 2021-09-16 |
Genre | : Law |
ISBN | : 3030801772 |
Download Victims Before the International Criminal Court Book in PDF, ePub and Kindle
The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.
Author | : Suzanne Schot |
Publisher | : Taylor & Francis |
Total Pages | : 250 |
Release | : 2024-02-13 |
Genre | : Law |
ISBN | : 1003852467 |
Download Traumatised Witnesses in International Criminal Trials Book in PDF, ePub and Kindle
This book focuses on the testimonial evidence of traumatised witnesses in trials of international crimes, which deal with acts of genocide, war crimes and crimes against humanity. Such trials often involve the testimonies of those who experienced or witnessed extremely traumatic events, which can make it hard for these witnesses to recall specific details. Testifying during trial may in itself also pose challenges to their well-being. Yet the legal process of determining whether someone can be held criminally responsible for the alleged crimes needs to be fair, in accordance with the right to a fair trial of the accused, and the facts need to be determined as accurately as possible. This book argues that to ensure fair and accurate fact-finding when in particular traumatised witnesses testify, a balance needs to be struck between the needs of witnesses who testify about traumatic experiences, the fair trial rights of the accused and the objective of the court to establish as accurately as possible the responsibility of the accused. This is crucial throughout the stages of selecting, preparing, presenting and assessing the testimonial evidence of traumatised witnesses. The methodology involves an analysis of transcripts of proceedings and case law of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Court and Dutch courts prosecuting international crimes. The research demonstrates that it is often difficult to strike a balance between the competing objectives during proceedings when traumatised witnesses testify due to the current lack of regulations and guidelines applicable during investigations and prosecutions. This book shows that this balance can, and should, be achieved when traumatised witnesses testify during criminal proceedings for international crimes. The work is an invaluable resource for researchers, academics and practitioners in criminal law, criminology, legal psychology, legal psychiatry, social anthropology and forensic sciences.
Author | : Darryl Robinson |
Publisher | : Oxford University Press |
Total Pages | : 896 |
Release | : 2020-02-24 |
Genre | : Law |
ISBN | : 0192558889 |
Download The Oxford Handbook of International Criminal Law Book in PDF, ePub and Kindle
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.