Pdf ebook: Fairness in International Criminal Trials

Pdf download ebook Fairness in International Criminal Trials

Summary: With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in

  • Author : N.a
  • Publisher: Oxford University Press
  • ISBN: 0191060410
  • Genre: Law
  • Number of Pages: 220
  • Language: English
  • Views: 1699
  • Downloads: 1699
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Description: 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.


Pdf ebook: Language and the Right to Fair Hearing in International Criminal Trials

Pdf download ebook Language and the Right to Fair Hearing in International Criminal Trials

Summary: Language and the Right to Fair Hearing in International Criminal Trials explores the influence of the dynamic factor of language on trial fairness in inter

  • Author : Catherine S. Namakula
  • Publisher: Springer Science & Business Media
  • ISBN: 331901451X
  • Genre: Law
  • Number of Pages: 146
  • Language: English
  • Views: 827
  • Downloads: 827
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Description: Language and the Right to Fair Hearing in International Criminal Trials explores the influence of the dynamic factor of language on trial fairness in international criminal proceedings. By means of empirical research and jurisprudential analysis, this book explores the implications that conducting a trial in more than one language can have for the right to fair trial. It reveals that the language debate is as old as international criminal justice, but due to misrepresentation of the status of language fair trial rights in international law, the debate has not yielded concrete reforms. Language is the core foundation for justice. It is the means through which the rights of the accused are secured and exercised. Linguistic complexities such as misunderstandings, translation errors and cultural distance among participants in international criminal trials affect courtroom communication, the presentation and the perception of the evidence, hence jeopardizing the foundations of a fair trial. The author concludes that language fair trial rights are priority rights situated in the minimum guarantees of fair criminal trial; the obligation of the court to ensure fair trial or accord the accused person a fair hearing also includes the duty to ensure they can understand and be understood.


Pdf ebook: The Right to a Fair Trial in International Law

Pdf download ebook The Right to a Fair Trial in International Law

Summary: The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context

  • Author : Amal Clooney,Philippa Webb
  • Publisher: Oxford University Press
  • ISBN: 0192536095
  • Genre: Law
  • Number of Pages: 500
  • Language: English
  • Views: 771
  • Downloads: 771
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Description: The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.


Pdf ebook: Obstacles to Fairness in Criminal Proceedings

Pdf download ebook Obstacles to Fairness in Criminal Proceedings

Summary: This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasi

  • Author : John D Jackson,Sarah J Summers
  • Publisher: Bloomsbury Publishing
  • ISBN: 178225837X
  • Genre: Law
  • Number of Pages: 256
  • Language: English
  • Views: 1473
  • Downloads: 1473
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Description: This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms – the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings.


Pdf ebook: Doing Justice to History

Pdf download ebook Doing Justice to History

Summary: As communities struggle to make sense of mass atrocities, expectations have increasingly been placed on international criminal courts to render authoritati

  • Author : Barrie Sander
  • Publisher: Oxford University Press
  • ISBN: 0192586092
  • Genre: Law
  • Number of Pages: 384
  • Language: English
  • Views: 1374
  • Downloads: 1374
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Description: As communities struggle to make sense of mass atrocities, expectations have increasingly been placed on international criminal courts to render authoritative historical accounts of episodes of mass violence. Taking these expectations as its point of departure, this book seeks to understand international criminal courts through the prism of their historical function. The book critically examines how such courts confront the past by constructing historical narratives concerning both the culpability of the accused on trial and the broader mass atrocity contexts in which they are alleged to have participated. The book argues that international criminal courts are host to struggles for historical justice, discursive contests between different actors vying for judicial acknowledgement of their interpretations of the past. By examining these struggles within different institutional settings, the book uncovers the legitimating qualities of international criminal judgments. In particular, it illuminates what tends to be foregrounded and included within, as well as marginalised and excluded from, the narratives of international criminal courts in practice. What emerges from this account is a sense of the significance of thinking about the emancipatory limits and possibilities of international criminal courts in terms of the historical narratives that are constructed and contested within and beyond the courtroom.


Pdf ebook: Standing Up for Justice

Pdf download ebook Standing Up for Justice

Summary: This is a book about international criminal justice written by one of its foremost practitioners and academic thinkers, Judge Theodor Meron. For two decade

  • Author : Theodor Meron
  • Publisher: Oxford University Press
  • ISBN: 0192608622
  • Genre: Law
  • Number of Pages: 280
  • Language: English
  • Views: 359
  • Downloads: 359
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Description: This is a book about international criminal justice written by one of its foremost practitioners and academic thinkers, Judge Theodor Meron. For two decades, Judge Meron has been at the heart of the international criminal justice system, serving as President of the International Criminal Tribunal for the former Yugoslavia (ICTY), President of the International Residual Mechanism for Criminal Tribunals, and a Judge of the Appeals Chambers of the ICTY and the International Criminal Tribunal for Rwanda. Drawing on this experience, and his life and career before serving as an international judge, Judge Meron reflects on some of the key questions facing the international criminal justice system. In the opening chapter, Judge Meron writes vividly about his childhood experiences in Poland during World War II, his education, career with the Israeli Foreign Ministry, and subsequent move into academia in the United States. The book continues with Meron's reflections on what it means to transform from a law professor into an international criminal judge, and shifts focus to the criminal courtroom, addressing topics such as the judicial function, the rule of law, and the principle of fairness in trying atrocity crimes: genocide, crimes against humanity, and war crimes. Judge Meron discusses judicial independence and impartiality in international criminal courts, shedding light on the mystery of judicial decision-making and deliberations. Notably, he addresses the controversial subjects of acquittals and the early release of prisoners. Although acquittals are often seen as a failure of international justice, Judge Meron argues that legal principle must come before any extraneous purpose, however desirable that purpose may be. Finally, the book looks ahead at the challenges facing the future of international justice and accountability, and discusses the all-important question: does international criminal justice work?


Pdf ebook: International Criminal Procedure

Pdf download ebook International Criminal Procedure

Summary: International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts

  • Author : Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev,Salvatore Zappalà
  • Publisher: OUP Oxford
  • ISBN: 0191632600
  • Genre: Law
  • Number of Pages: 1728
  • Language: English
  • Views: 1243
  • Downloads: 1243
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Description: International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.


Pdf ebook: Prosecutorial Discretion at the International Criminal Court

Pdf download ebook Prosecutorial Discretion at the International Criminal Court

Summary: This timely book provides a comprehensive guide to, and rigorous analysis of, prosecutorial discretion at the International Criminal Court. This is the fir

  • Author : Anni Pues
  • Publisher: Bloomsbury Publishing
  • ISBN: 1509928693
  • Genre: Law
  • Number of Pages: 264
  • Language: English
  • Views: 1338
  • Downloads: 1338
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Description: This timely book provides a comprehensive guide to, and rigorous analysis of, prosecutorial discretion at the International Criminal Court. This is the first ever study that takes the reader through all the key stages of the Proscecutor's decision-making process. Starting from preliminary examinations and the decision to investigate, the book also explores case selection processes, plea agreements, culminating in the question of how to end engagement in specific country situations. The book serves as a guide to the Rome Statute through the lens of the Prosecutor's activities. With its unique combination of legal theory and specific policy analysis, it addresses broader questions that will be relevant to other international and hybrid criminal courts and tribunals. The book will be of interest to students, practitioners of law, academics, and the wider public concerned with international law, criminal justice and international relations.


Pdf ebook: Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings

Pdf download ebook Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings

Summary: This book provides an in-depth examination of the judicial response at the internationalcriminal tribunals (ICTs) to the violation of procedural standards

  • Author : Kelly Pitcher
  • Publisher: Springer
  • ISBN: 9462652198
  • Genre: Law
  • Number of Pages: 567
  • Language: English
  • Views: 1685
  • Downloads: 1685
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Description: This book provides an in-depth examination of the judicial response at the internationalcriminal tribunals (ICTs) to the violation of procedural standards in thepre-trial phase of proceedings. It does so against the backdrop of the assumption thatcertain particularities of international criminal proceedings may warrant a differentapproach to the matter than at the national level. By reference to relevant human rights standards and to national criminal procedure,as well as to theoretical accounts of the judicial response to pre-trial procedural violations,this book assesses the ICTs’ law and practice in this regard, thereby identifyingpoints of concern and making suggestions for improvement. In doing so, it considersthe most suitable rationale for responding to procedural violations committed in thepre-trial phase of international criminal proceedings and the merits of judicial discretionin this context, as well as the impact of certain particularities of such proceedingson the determination of how to address procedural violations. The book is intended for academics and practitioners in the field of (international)criminal law who want to gain a deeper understanding of the possible impact ofpre- trial procedural violations on criminal proceedings. Kelly Pitcher is Assistant Professor of Criminal Law and Criminal Procedure at LeidenUniversity in The Netherlands.


Pdf ebook: The International Court of Justice

Pdf download ebook The International Court of Justice

Summary: In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being d

  • Author : Hugh Thirlway
  • Publisher: Oxford University Press
  • ISBN: 0191084697
  • Genre: Law
  • Number of Pages: 240
  • Language: English
  • Views: 1358
  • Downloads: 1358
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Description: In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Court's Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Court's structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law.


Pdf ebook: The Law and Practice of the International Criminal Court

Pdf download ebook The Law and Practice of the International Criminal Court

Summary: Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offe

  • Author : Carsten Stahn
  • Publisher: OUP Oxford
  • ISBN: 0191015296
  • Genre: Law
  • Number of Pages: 840
  • Language: English
  • Views: 1049
  • Downloads: 1049
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Description: Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.


Pdf ebook: Casebook on European fair trial standards in administrative justice

Pdf download ebook Casebook on European fair trial standards in administrative justice

Summary: Interest in administrative justice and the judicial review of administrative acts has been growing in many countries recently, including many Council of Eu

  • Author : Arman Zrvandyan
  • Publisher: Council of Europe
  • ISBN: 9287183953
  • Genre: Political Science
  • Number of Pages: 144
  • Language: English
  • Views: 530
  • Downloads: 530
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Description: Interest in administrative justice and the judicial review of administrative acts has been growing in many countries recently, including many Council of Europe member states. At the core of an accountable and transparent administration is the right to effectively challenge acts and decisions that affect civil rights and obligations, and the daily life of individuals. Effective means of redress against administrative decisions require a functioning system of administrative justice that provides fair trial guarantees. An administrative process should be public, held within a reasonable time, undertaken by an independent and impartial tribunal established by law and result in an enforceable judgment that is pronounced publicly. This casebook, the first of its kind, provides a systematic and accessible overview of what administrative justice means for Council of Europe member states. The case law of the European Court of Human Rights on the right to a fair trial is described and analysed as it relates to administrative proceedings. It is the hope of the Council of Europe and the Folke Bernadotte Academy that this casebook will help practitioners in the field of administrative justice to ensure fair trial standards and their principles applicable under Article 6, paragraph 1, of the European Convention on Human Rights are respected and, by doing so, further strengthen the rule of law and the accountability and transparency of public administration and administrative justice in the member states of the Council of Europe.


Pdf ebook: The Oxford Handbook of International Criminal Law

Pdf download ebook The Oxford Handbook of International Criminal Law

Summary: In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in th

  • Author : Darryl Robinson
  • Publisher: Oxford University Press
  • ISBN: 0192558897
  • Genre: Law
  • Number of Pages: 896
  • Language: English
  • Views: 820
  • Downloads: 820
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Description: 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.


Pdf ebook: Fair Trials

Pdf download ebook Fair Trials

Summary: The right to a fair trial has become an issue of increasing public concern, following a series of high profile cases such as the Bulger case, Khan (Sultan)

  • Author : Sarah J Summers
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847313752
  • Genre: Law
  • Number of Pages: 200
  • Language: English
  • Views: 1357
  • Downloads: 1357
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Description: The right to a fair trial has become an issue of increasing public concern, following a series of high profile cases such as the Bulger case, Khan (Sultan) and R v DPP ex p Kebilene. In determining the scope of the right, we now increasingly look to the ECHR, but the court has given little guidance, focusing on reconciling procedural rules rather than addressing the broader issues. This book addresses the issue of the meaning of the right by examining the contemporary jurisprudence in the light of a body of historical literature which discusses criminal procedure in a European context. It argues that there is in fact a European criminal procedural tradition which has been neglected in contemporary discussions, and that an understanding of this tradition might illuminate the discussion of fair trial in the contemporary jurisprudence. This challenging new work elucidates the meaning of the fair trial and in doing so challenges the conventional approach to the analysis of criminal procedure as based on the distinction between adversarial and inquisitorial procedural systems. The book is divided into two parts. The first part is dominated by an examination of the fair trial principles in the works of several notable European jurists of the nineteenth century, arguing that their writings were instrumental in the development of the principles underlying the modern conception of criminal proceedings. The second part looks at the fair trials jurisprudence of the ECHR and it is suggested that although the Court has neglected the European tradition, the jurisprudence has nevertheless been influenced, albeit unconsciously, by the institutional principles developed in the nineteenth century.


Pdf ebook: Crime, Procedure and Evidence in a Comparative and International Context

Pdf download ebook Crime, Procedure and Evidence in a Comparative and International Context

Summary: This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in th

  • Author : John D Jackson,Maximo Langer
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847314627
  • Genre: Law
  • Number of Pages: 462
  • Language: English
  • Views: 1746
  • Downloads: 1746
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Description: This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.


Pdf ebook: Obstacles to Fairness in Criminal Proceedings

Pdf download ebook Obstacles to Fairness in Criminal Proceedings

Summary: This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasi

  • Author : John D Jackson,Sarah J Summers
  • Publisher: Bloomsbury Publishing
  • ISBN: 1782258361
  • Genre: Law
  • Number of Pages: 256
  • Language: English
  • Views: 1338
  • Downloads: 1338
  • GET BOOK

Description: This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms – the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings.


Pdf ebook: Contemporary Challenges to Human Rights Law

Pdf download ebook Contemporary Challenges to Human Rights Law

Summary: This collection of essays highlights the many problems and challenges facing human rights law today. Bringing together academics, practitioners and NGOs, i

  • Author : Claire-Michelle Smyth,Richard Lang,Jack Clayton Thompson
  • Publisher: Cambridge Scholars Publishing
  • ISBN: 1527549933
  • Genre: Law
  • Number of Pages: 395
  • Language: English
  • Views: 770
  • Downloads: 770
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Description: This collection of essays highlights the many problems and challenges facing human rights law today. Bringing together academics, practitioners and NGOs, it examines some of the contemporary challenges facing human rights law and practice in England, Northern Ireland, the Republic of Ireland, France and America. It is clear that we live in a time where human rights are in crisis. A decade of austerity measures at the domestic, regional and international levels evidently has had a detrimental effect on the protection of human rights. Cuts to social spending have resulted a failing social welfare system, a health service buckling under pressure, unprecedented rises in homelessness and child poverty, and the emergence of the ‘working poor’ and zero hours contracts. Austerity, famine, civil war, oppressive governmental regimes and climate change have seen vast migrations, resulting in a resurrection of far right-wing ideology. In the UK, this is seen in what can only be described as propaganda and scaremongering during the campaign for Brexit and in subsequent political elections evidenced by the increase in racially motivated hate crime within the UK. The landscape of human rights is such that it has resulted in some beginning to question, are human rights rights at all?


Pdf ebook: Legacies of the International Criminal Tribunal for the Former Yugoslavia

Pdf download ebook Legacies of the International Criminal Tribunal for the Former Yugoslavia

Summary: The International Criminal Tribunal for the former Yugoslavia (ICTY) is one the pioneering experiments in international criminal justice. It has left a ric

  • Author : Carsten Stahn,Carmel Agius,Serge Brammertz,Colleen Rohan
  • Publisher: Oxford University Press
  • ISBN: 0192607944
  • Genre: Law
  • Number of Pages: 672
  • Language: English
  • Views: 1592
  • Downloads: 1592
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Description: The International Criminal Tribunal for the former Yugoslavia (ICTY) is one the pioneering experiments in international criminal justice. It has left a rich legal, institutional, and non-judicial legacy. This edited collection provides a broad perspective on the contribution of the tribunal to law, memory, and justice. It explores some of the accomplishments, challenges, and critiques of the ICTY, including its less visible legacies. The book analyses different sites of legacy: the expressive function of the tribunal, its contribution to the framing of facts, events, and narratives of the conflict in the former Yugoslavia, and investigative and experiential legacies. It also explores lesser known aspects of legal practice (such as defence investigative ethics, judgment drafting, contempt cases against journalists, interpretation and translation), outreach, approaches to punishment and sentencing, the tribunals' impact on domestic legal systems, and ongoing debates over impact and societal reception. The volume combines voices from inside the tribunal with external perspectives to elaborate the rich history of the ICTY, which continues to be written to this day.


Pdf ebook: The Defence in International Criminal Trials

Pdf download ebook The Defence in International Criminal Trials

Summary: Die internationale Strafjustiz hat sich auf der weltpolitischen Bühne etabliert. Der Internationale Strafgerichtshof (IStGH) arbeitet schwere Menschenrech

  • Author : Mayeul Hiéramente,Patricia Schneider
  • Publisher: Nomos Verlag
  • ISBN: 3845275103
  • Genre: Political Science
  • Number of Pages: 279
  • Language: English
  • Views: 1379
  • Downloads: 1379
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Description: Die internationale Strafjustiz hat sich auf der weltpolitischen Bühne etabliert. Der Internationale Strafgerichtshof (IStGH) arbeitet schwere Menschenrechtsverletzungen in derzeit neun afrikanischen Staaten auf und hat Vorermittlungen zu den Konfliktherden Palästina und Ukraine eingeleitet. Aufgrund der Komplexität der Materie und den oftmals andauernden kriegerischen Auseinandersetzungen, steht die internationale Strafjustiz vor besonderen Herausforderungen. Sich diesen zu stellen ist Aufgabe von Anklage und Verteidigung. In der wissenschaftlichen und medialen Wahrnehmung steht jedoch - wie bereits im Falle des Jugoslawien- und Ruandatribunals – die IStGH-Anklagebehörde im Vordergrund. Nur selten werden Rolle und Schwierigkeiten der Angeklagten sowie der Verteidigung beleuchtet. Die Autorinnen und Autoren aus Praxis und Wissenschaft widmen sich in Beiträgen in deutscher und englischer Sprache diesem Blick hinter die Kulissen der internationalen Strafgerichte. Mit Beiträgen von: Heiko Ahlbrecht, Eleni Chaitidou, Isabel Düsterhöft, Masha Fedorova, Benjamin Ferencz, Julia Gebhard, Philipp Graebke, Mayeul Hiéramente, Elisa Hoven, Dominic Kennedy, Marie O'Leary, Sally Alexandra Longworth, Philipp Müller, Colleen Rohan, Patricia Schneider


Pdf ebook: The Right to a Fair Trial in International Law

Pdf download ebook The Right to a Fair Trial in International Law

Summary: The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context

  • Author : Amal Clooney,Philippa Webb
  • Publisher: Oxford University Press
  • ISBN: 0192536087
  • Genre: Law
  • Number of Pages: 500
  • Language: English
  • Views: 1121
  • Downloads: 1121
  • GET BOOK

Description: The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.