international criminal justice at the yugoslav tribunal a judge s recollection

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International Criminal Justice At The Yugoslav Tribunal

Author : Mohamed Shahabuddeen
ISBN : 9780199670826
Genre : Law
File Size : 61. 72 MB
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Bringing together Judge Shahabuddeen's thoughts on the Tribunal on which he served for many years, this book provides an insider's account of the development of international criminal law at the International Criminal Tribunal for the former Yugoslavia. Judge Shahabuddeen, a respected figure in international law, also assesses its legacy.

Madame Prosecutor

Author : Carla Del Ponte
ISBN : 9781590515372
Genre : Biography & Autobiography
File Size : 60. 98 MB
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Carla Del Ponte won international recognition as Switzerland's attorney general when she pursued cases against the Sicilian mafia. In 1999, she answered the United Nations' call to become the chief prosecutor of the International Criminal Tribunal for the former Yugoslavia and for Rwanda. In her new role, Del Ponte confronted genocide and crimes against humanity head-on, struggling to bring to justice the highest-ranking individuals responsible for massive acts of violence in Rwanda, Bosnia and Herzegovina, Croatia, and Kosovo. These tribunals have been unprecedented. They operate along the edge of the divide between national sovereignty and international responsibility, in the gray zone between the judicial and the political, a largely unexplored realm for prosecutors and judges. It is a realm whose native inhabitants–political leaders and diplomats, soldiers and spies–assume that they can commit the big crime without being held culpable. It is a realm crisscrossed by what Del Ponte calls the muro di gomma –"the wall of rubber"– a metaphor referring to the tactics government officials use to hide their unwillingness to confront the culture of impunity that has allowed persons responsible for acts of unspeakable, wholesale violence to escape accountability. Madame Prosecutor is Del Ponte's courageous and startling memoir of her eight years spent striving to serve justice.

Principles Of Evidence In International Criminal Justice

Author : Karim A. A. Khan
ISBN : 9780199588923
Genre : Evidence (Law)
File Size : 60. 76 MB
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Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.

Writing History In International Criminal Trials

Author : Richard Ashby Wilson
ISBN : 9781139498265
Genre : Law
File Size : 43. 94 MB
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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.

Fact Finding Without Facts

Author : Nancy A. Combs
ISBN : 9781139489713
Genre : Law
File Size : 58. 44 MB
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Fact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.

Global War Crimes Tribunal Collection

Author : John Oppenheim
ISBN : STANFORD:36105064121952
Genre : War crime trials
File Size : 84. 38 MB
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Berkeley Journal Of International Law

Author :
ISBN : STANFORD:36105063249481
Genre : Commerce
File Size : 64. 49 MB
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An Introduction To International Criminal Law And Procedure

Author : Robert Cryer
ISBN : 9780521135818
Genre : Law
File Size : 78. 34 MB
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This market-leading textbook gives an authoritative account of international criminal law, and the investigation and prosecution of crime, and guides the reader through controversies with an accessible and sophisticated approach. Now covers developments in the ICC, victims' rights, alternatives to international criminal justice, and has extended coverage of terrorism.

Reconciliation After Violent Conflict

Author : David Bloomfield
ISBN : STANFORD:36105111804477
Genre : Political Science
File Size : 54. 66 MB
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This handbook presents a range of tools that can be, and have been, employed in the design and implementation of reconciliation processes. Most of them draw on the experience of people grappling with the problems of past violence and injustice. There is no 'right answer' to the challenge of reconciliation, and so the handbook prescribes no single approach. Instead, it presents the options and methods, with their strengths and weaknesses evaluated, so that practitioners and policy-makers can adopt or adapt them, as best suits each specific context.

Sacred Violence

Author : Paul W. Kahn
ISBN : 9780472022946
Genre : Philosophy
File Size : 49. 94 MB
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In Sacred Violence, the distinguished political and legal theorist Paul W. Kahn investigates the reasons for the resort to violence characteristic of premodern states. In a startling argument, he contends that law will never offer an adequate account of political violence. Instead, we must turn to political theology, which reveals that torture and terror are, essentially, forms of sacrifice. Kahn forces us to acknowledge what we don't want to see: that we remain deeply committed to a violent politics beyond law. Paul W. Kahn is Robert W. Winner Professor of Law and the Humanities at Yale Law School and Director of the Orville H. Schell, Jr. Center for International Human Rights. Cover Illustration: "Abu Ghraib 67, 2005" by Fernando Botero. Courtesy of the artist and the American University Museum.

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