Writing History in International Criminal Trials

Author: Richard Ashby Wilson
Publisher: Cambridge University Press
ISBN: 1139498266
Format: PDF, ePub, Mobi
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Why do international criminal tribunals write histories of the origins and causes of armed conflicts? Richard Ashby Wilson conducted research with judges, prosecutors, defense attorneys and expert witnesses in three international criminal tribunals to understand how law and history are combined in the courtroom. Historical testimony is now an integral part of international trials, with prosecutors and defense teams using background testimony to pursue decidedly legal objectives. In the Slobodan Milošević trial, the prosecution sought to demonstrate special intent to commit genocide by reference to a long-standing animus, nurtured within a nationalist mindset. For their part, the defense called historical witnesses to undermine charges of superior responsibility, and to mitigate the sentence by representing crimes as reprisals. Although legal ways of knowing are distinct from those of history, the two are effectively combined in international trials in a way that challenges us to rethink the relationship between law and history.

The Legitimacy of International Criminal Tribunals

Author: Nobuo Hayashi
Publisher: Cambridge University Press
ISBN: 1316943151
Format: PDF
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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.

Fairness in International Criminal Trials

Author: Yvonne McDermott
Publisher: Oxford University Press
ISBN: 0191060410
Format: PDF, Docs
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With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in the former Yugoslavia, Sierra Leone, and Rwanda have completed or are beginning to wind up their activities, the time is ripe for a critical evaluation of these international criminal tribunals and their legacy. By examining the due process standards embraced by the five contemporary international criminal tribunals, the author draws conclusions about how the right to a fair trial should be interpreted in international criminal law. This volume addresses key conceptual questions on fairness, including: should international criminal tribunals set the highest standards of fairness, or is it sufficient for their practice to be 'just fair enough'? To whom does the right to a fair trial attach, and can actors such as the prosecution and victims be accurately said to benefit from that right? Does fairness require the full realization of a number of guarantees owed to the accused under the statutory frameworks of international criminal tribunals, or should we instead be concerned with the fairness of the trial 'as a whole'? What is the interplay between domestic and international courts on questions of procedural fairness? What are the elements of fairness in international criminal proceedings? And what remedies are available for breaches of fair trial rights? Through an in-depth exploration of the right to a fair trial, the author concludes that international criminal tribunals should have a role in setting the highest standards of due process protection in their procedures, and that in so doing, they can have a positive impact on domestic justice systems.

The Defendant in International Criminal Proceedings

Author: Björn Elberling
Publisher: Bloomsbury Publishing
ISBN: 1847319963
Format: PDF, ePub
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It is often said that criminal procedure should ensure that the defendant is a subject, not just an object, of proceedings. This book asks to what extent this can be said to be true of international criminal trials. The first part of the book aims to find out the extent to which defendants before international criminal courts are able to take an active part in their trials. It takes an in-depth look at the procedural regimes of international courts, viewed against a benchmark provided by national provisions representing the main traditions of criminal procedure and by international human rights law. The results of this comparative endeavour are then used to shed light, from a practical point of view, on the oft-debated question whether (international) criminal trials should be used as a tool for writing history or whether, as claimed by Martti Koskenniemi, pursuing this goal leads to a danger of "show trials†?.

An Introduction to the International Criminal Court

Author: William A. Schabas
Publisher: Cambridge University Press
ISBN: 110713370X
Format: PDF, ePub
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The International Criminal Court ushered in a new era in the protection of human rights. The Court prosecutes genocide, crimes against humanity, war crimes, and the crime of aggression when national justice systems are either unwilling or unable to do so themselves. This fifth edition of the seminal text describes a Court which is no longer in its infancy; the Court is currently examining situations that involve more than twenty countries in every continent of the planet. This book considers the difficulties in the Court's troubled relationship with Africa, the vagaries of the position of the United States, and the challenges the Court may face as it confronts conflicts around the world. It also reviews the history of international criminal prosecution and the Rome Statute. Written by a leading commentator, it is an authoritative and up-to-date introduction to the legal issues involved in the creation and operation of the Court.

Pluralism in International Criminal Law

Author: Elies van Sliedregt
Publisher: OUP Oxford
ISBN: 019100829X
Format: PDF, Docs
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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

The Hidden Histories of War Crimes Trials

Author: Kevin Heller
Publisher: Oxford University Press
ISBN: 0199671141
Format: PDF, ePub
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Several war crimes trials are well-known to scholars, but others have received far less attention. This book assesses a number of these little-studied trials to recognise institutional innovations, clarify doctrinal debates, and identify their general relevance to the development of international criminal law.

Europ ische Erinnerung als verflochtene Erinnerung

Author: Gregor Feindt
Publisher: V&R unipress GmbH
ISBN: 3847100521
Format: PDF, Kindle
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English summary: Starting point for this publication is a critique of an unreflected instrumentalisation of 'European Memory' in current public and academic discourse. In order to respond to this tendency, the articles develop an approach that accentuates the polyphony and multiple layers of memory, that is its entangled character.Rather than understanding 'European Memory' as a normative ideal or an empirical concept for days of remembrance, museums or schoolbooks, this approach perceives 'European Memory' as a discursive reality of which academic discourse is an integral part. It manifests itself whenever actors pick up 'Europe' in their interpretations of the past. Covering a broad spectre of European memory between the Vikings and the Srebrenica massacre the volume includes fiffering attributes of European self-descriptions and enquires into the entanglements of memory in present and past that are linked with these interpretations.The authors thus attempt to deepen the understanding of the topics and motivation to conceive memory as European. German description: Ausgangspunkt des Bandes ist eine Kritik der unreflektierten Instrumentalisierung von Europaischer Erinnerung im derzeitigen offentlichen und wissenschaftlichen Diskurs. Demgegenuber betont der Band die Vielstimmigkeit und Vielschichtigkeit gruppenubergreifender Erinnerungsprozesse.Statt europaische Erinnerung als handlungsleitendes Ideal oder als empirischen Begriff fur Gedenktage, Museen oder Schulbucher zu verstehen, wird ein Ansatz verfolgt, der europaische Erinnerung als eine diskursive Realitat betrachtet, an der auch der wissenschaftliche Diskurs Teil hat: Sie manifestiert sich uberall dort, wo Akteure Europa in ihren Vergangenheitsdeutungen aufgreifen. Vor dem Hintergrund, dass solche europaischen Deutungen nur eines von vielen Attributen einer Selbstbeschreibung darstellen, wird in vergleichender Perspektive nach den gruppenubergreifenden Momenten gefragt, die in der Vergangenheit und Gegenwart mit als europaisch verstandenen Deutungen verbunden waren und sind.

The UN International Criminal Tribunals

Author: William A. Schabas
Publisher: Cambridge University Press
ISBN: 1139456814
Format: PDF, ePub
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This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.