The Standing Of Victims In The Procedural Design Of The International Criminal Court PDF Download
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Author | : Tatiana Bachvarova |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 279 |
Release | : 2017-05-08 |
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 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.
Author | : Tatyana Emilova Bachvarova |
Publisher | : |
Total Pages | : |
Release | : 2015 |
Genre | : |
ISBN | : |
Download The Standing of Victims in the Procedural Design of the International Criminal Court Book in PDF, ePub and Kindle
Author | : Robert Cryer |
Publisher | : Cambridge University Press |
Total Pages | : 643 |
Release | : 2019-08-15 |
Genre | : Law |
ISBN | : 1108481922 |
Download An Introduction to International Criminal Law and Procedure Book in PDF, ePub and Kindle
A leading work in the field of international criminal law, which is accessible, comprehensive and up to date.
Author | : Hirad Abtahi |
Publisher | : BRILL |
Total Pages | : 396 |
Release | : 2023-01-16 |
Genre | : Law |
ISBN | : 9004533478 |
Download Adjudicating Attacks Targeting Culture Book in PDF, ePub and Kindle
This work proposes a toolkit for international legislators, judges and scholars to consider the adjudication of the causes, means and consequences of attacks targeting culture. Filling international law’s gap regarding culture, this work views the latter as a legacy oriented local-national-international triptych. Therein, culture can be anthropical or natural (fauna and flora), movable or immovable, secular or religious, tangible or intangible. Based on the practice of both modes of responsibility’s jurisdictions, this works proposes a novel typology of the victims of cultural damage. These are natural persons as members of the collective, the collective as the sum of natural persons, and legal persons as a result of damage inflicted on them or their property. Based on the practice of both modes of responsibility’s jurisdictions, this work considers attacks targeting culture as anthropo/heritage-centred and/or tangible-centred.
Author | : T. Markus Funk |
Publisher | : |
Total Pages | : 594 |
Release | : 2015 |
Genre | : History |
ISBN | : 0199941467 |
Download Victims' Rights and Advocacy at the International Criminal Court Book in PDF, ePub and Kindle
Since World War II, there have been some 250 conflicts throughout the world, leaving between 70-170 million atrocity crime victims. Unlike diseases or natural disasters, the injuries and tragedies of war are largely self-inflicted. Created in response to such outrages, the International Criminal Court (ICC) stands as the first and only permanent juridical body prosecuting genocide, war crimes, and crimes against humanity. Victims' Rights and Advocacy at the International Criminal Court introduces readers to the most significant restorative feature of the ICC's procedure: direct victim participation in war crime trials. Under this new model, the ICC has given victims a voice to speak out against their abusers. T. Markus Funk presents the first comprehensive guidance on this innovative dynamic, analyzing not just the procedural rules that apply, but also the practical problems in advocating for victims before the ICC. In the process, Funk provides an overview of ICC trial procedure, a candid assessment of the performance of the ICC and its predecessor tribunals, and a guide to the development of victims' rights under international law. Not only does he identify areas needing reform and reconsideration, but he also provides readers with concrete solutions. Funk, an experienced federal prosecutor and law professor who has advised prosecutors and judges at criminal tribunals as the U.S. Justice Department's Resident Legal Advisor for Kosovo, draws on that experience to suggest ways in which the ICC can improve the lot of victims of the world's worst crimes. This second edition provides a detailed analysis of the newly recognized right of victims to participate in the trials of their accused abusers. The author guides the reader through this unique, controversial body of procedural and substantive rights for victims of atrocity crimes, and discusses how to qualify as Legal Counsel for Victims, and how to seek Reparations. In addition, the author provides updated caselaw and other information to reflect the ICC's current position on victim involvement and related procedure as well as text to show how these changes in the law affect ICC procedure and advocacy.
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 | : Juan Pablo Perez-Leon-Acevedo |
Publisher | : Routledge |
Total Pages | : 255 |
Release | : 2020-04-29 |
Genre | : Law |
ISBN | : 100003724X |
Download Defendants and Victims in International Criminal Justice Book in PDF, ePub and Kindle
This volume considers a variety of key issues pertaining to the rights of defendants and victims at International Criminal Courts (ICTs) and explores how best to balance and enhance the rights of both in order to ensure the effectiveness and efficiency of international criminal proceedings. The rights of victims are becoming an increasingly important issue at ICTs. Yet, at the same time, this has to be achieved without having a detrimental impact upon on the rights of the defence and the efficiency of the courts. This book provides analyses of issues on the rights of both the accused and the victims. By discussing matters concerning these two pivotal actors in international criminal justice within the same volume, the work highlights that there are intrinsic and intense conflicting and converging relationships between victims and the accused, particularly in terms of their rights. While most of the chapters focus mainly on either the accused or the victims, others discuss both at the same time. The work strikes a fine balance between, on the one hand, classic topics on the rights of the accused and the rights of the victims and, on the other, topics which have been largely unexplored and/or which require new angles or perspectives. Additionally, there are some chapters which approach both the rights of the accused and the rights of the victims in new contexts and/or under novel perspectives. The book as a whole provides a discussion of the two sides of this important coin of international criminal justice. The work will be an essential resource for academics, practitioners and students with an interest in the field of international criminal law. It will also be of interest to human rights scholars who are working with the rights of victims and the accused.
Author | : Alessandra Cuppini |
Publisher | : Taylor & Francis |
Total Pages | : 195 |
Release | : 2022-09-30 |
Genre | : Law |
ISBN | : 1000686698 |
Download The Participation of Victims in International Criminal Proceedings Book in PDF, ePub and Kindle
This book argues that the expressivist justice model provides a meaningful foundation for the participation of victims in international criminal proceedings. Traditional criminal justice theories have tended to marginalise the role afforded to victims while informing the criminal procedures utilised by international criminal courts. As a result, giving content to, shaping, and enhancing victims’ participatory rights have been some of the most debated issues in international criminal justice. This book contributes to this debate by advancing expressivism, which has the capacity to create a historical narrative of gross human rights violations, as a core of international criminal justice able to provide a worthwhile basis for the participation of victims in proceedings and clarifying the scope and content of their participatory rights. The work provides an in-depth discussion on issues related to victims’ participatory rights from the perspective of international human rights law, victimology, and the philosophical foundation of international criminal justice. The book will be a valuable resource for researchers, academics, and policymakers working in the areas of international criminal justice, international human rights law, transitional justice, and conflict studies.
Author | : Brianne McGonigle Leyh |
Publisher | : |
Total Pages | : 0 |
Release | : 2011 |
Genre | : Crime and criminals |
ISBN | : 9781780680200 |
Download Procedural Justice? Book in PDF, ePub and Kindle
No further information has been provided for this title.
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