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 : 31. 15 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.

Judges Law And War

Author : Shane Darcy
ISBN : 9781107060692
Genre : Law
File Size : 27. 73 MB
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Expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.

Madame Prosecutor

Author : Carla Del Ponte
ISBN : 9781590515372
Genre : Biography & Autobiography
File Size : 40. 87 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.

The Fundamental Concept Of Crime In International Criminal Law

Author : Iryna Marchuk
ISBN : 9783642282461
Genre : Law
File Size : 90. 14 MB
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This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

Fact Finding Without Facts

Author : Nancy A. Combs
ISBN : 9781139489713
Genre : Law
File Size : 79. 88 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.

Hong Kong S War Crimes Trials

Author : Suzannah Linton
ISBN : 9780199643288
Genre : History
File Size : 81. 24 MB
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Immediately after the Second World War 46 trials were held by the British military in Hong Kong in which 123 defendants, mainly from Japan, were tried for war crimes. This book is the first to analyze these trials, situating them within their historical context and showing their importance for the development of international criminal law.

Crime And Global Justice

Author : Daniele Archibugi
ISBN : 9781509512652
Genre : Law
File Size : 88. 98 MB
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Over the last quarter of a century a new system of global criminal justice has emerged. But how successful has it been? Are we witnessing a new era of cosmopolitan justice or are the old principles of victors’ justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice, focusing on the trials of some of the world’s most notorious war criminals, including Augusto Pinochet, Slobodan Milošević, Radovan Karad ić, Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system’s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?

Old Evidence And Core International Crimes

Author : Wui Ling Cheah
ISBN : 8293081600
Genre : Criminal law
File Size : 84. 9 MB
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It is often only years after the commission of core international crimes that prosecutions and investigations take place. This anthology addresses challenges associated with such delayed justice: the location, treatment, and assessment of old evidence. Part I considers the topic from the perspective of different actors involved in the prosecution of core international crimes at the domestic and international levels. Part II comprises chapters focusing on the efforts of the Bangladeshi authorities to investigate and prosecute international crimes perpetrated during the 1971 war. This book brings together experienced judges, prosecutors, lawyers, scientists, and commentators who have dealt with questions of old evidence in their work. Among the contributors are Shafique Ahmed, Andrew Cayley, David Cohen, Seena Fazel, Siri S. Frigaard, M. Amir-Ul Islam, Md. Shahinur Islam, Agnieszka Klonowiecka-Milart, Alphons M.M. Orie, Stephen J. Rapp, Patrick J. Treanor, Otto Triffterer and Martin Witteveen. The chapters describe the challenges encountered in practice and suggest concrete solutions that can be tailored to fit the circumstances of the case or country. By providing a comprehensive analysis of the relevant problems in this area and a variety of views, this anthology will serve as an invaluable resource for criminal justice actors and researchers seeking to address questions of old evidence.

Principles Of Evidence In International Criminal Justice

Author : Karim A. A. Khan
ISBN : 9780199588923
Genre : Evidence (Law)
File Size : 59. 54 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.

Justice For All And How To Achieve It

Author : Geoffrey Nice Sir QC
ISBN : 1785511238
Genre : LAW
File Size : 39. 12 MB
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-A thought-provoking exploration of the world's enduring legal and moral dilemmas -Based on a prestigious lecture series delivered by an internationally-renowned barrister What is a crime against humanity and when should it be investigated? What does 'human rights' mean? Is law the new religion and are its high priests, the lawyers, really all bad? What is the role of the law in the regulation of sexual behaviour? Are there limits to what we can reasonably expect from international war crimes tribunals? These and many other crucial questions are explored with wit, panache and consummate even-handedness by Sir Geoffrey Nice, QC, in the series of lectures he delivered as Gresham Professor of Law from 2012 to 2016. Drawing on events from every continent and every period in history, from ancient Babylon to Britain on the brink of Brexit; and referencing icons from Cicero to Socrates, Bertrand Russell to Jean-Paul Sartre, and Joan Baez to Muhammad Ali, Sir Geoffrey applies his own wealth of experience to moral problems which are as pressing in today's anxious world as they ever have been. The book is due to be launched at Gresham College, 18 October 2017. Follow @GreshamCollege on Twitter (4,700 followers).

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