Download or read book The Right to a Fair Trial in International Law written by Amal Clooney and published by Oxford University Press, USA. This book was released on 2021-02-11 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.
Download or read book Fairness in International Criminal Trials written by Yvonne McDermott and published by Oxford University Press. This book was released on 2016-01-21 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 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.
Download or read book A Fair Trial at the International Criminal Court written by Elmar Widder and published by PL Academic Research is. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book approaches the question of whether or not the court procedure at the International Criminal Court (ICC) can be regarded as fair from two angles: First, does the ICC provide a fair trial according to the accepted standards of international human rights law? Secondly, is it substantively fair so as to establish the legitimacy of the court on a sound footing? Practitioners and academics are increasingly conscious of the need for an approach to evidence which spans civil law and common law traditions, national and international law. This is what this monograph does, in meticulous detail, for the law of confrontation and disclosure.
Download or read book The Right to Be Present at Trial in International Criminal Law written by Caleb H. Wheeler and published by BRILL. This book was released on 2018-10-08 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses what it means for the accused to be present during international criminal trials and how that meaning has changed. This book also examines the impact that absence from trial can have on the fair trial rights of the accused and whether those rights can be upheld outside of the accused’s presence. Using primary and secondary sources, Caleb Wheeler has identified four different categories of absence and how each affects the right to be present. This permits a more nuanced understanding of how the right to be present is understood in international criminal law and how it may develop in the future.
Download or read book The Right to a Fair Trial in International Criminal Proceedings written by Collins Mbuayang and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the right to a fair trial in international criminal proceedings from a human rights perspective, drawing mainly from General Comments, Individual Communications to the Human Rights Committee and the jurisprudence of international criminal tribunals and courts. The author shows the extent to which international and hybrid criminal courts, specifically ICTY and ICTR, uphold human rights standards as laid down in the ICCPR. Even though these ad hoc tribunals have been criticized for lengthy trials, they have generously granted accused individuals enormous privileges, such as the right to self-representation, which is not possible in the ECtHR. To reconcile this situation, the author proposes that the ad hoc tribunals could adopt the approach of the ECtHR with regards to length of proceedings, while the ECtHR can learn from the ad hoc tribunals with regards to self-representation.
Download or read book The Right to Appeal in International Criminal Law written by Drazan Djukić and published by Martinus Nijhoff Publishers. This book was released on 2019-05-15 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In The Right to Appeal in International Criminal Law Dražan Djukić describes appeal proceedings in international criminal law and evaluates them against human rights benchmarks. While international criminal courts and tribunals mainly comply with these benchmarks, they have fallen short in certain important areas. Despite their importance to the legal process, appeal proceedings tend to receive limited attention. On the basis of benchmarks arising from international human rights law, Dražan Djukić systematically assesses the law and practice concerning appeal proceedings in international criminal law"--
Download or read book The International Covenant on Civil and Political Rights written by Sarah Joseph and published by Oxford University Press, USA. This book was released on 2013-07-25 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: 3. The 'Victim' requirement
Download or read book International Criminal Justice written by Gideon Boas and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.
Download or read book Do Exclusionary Rules Ensure a Fair Trial written by Sabine Gless and published by Springer. This book was released on 2019-04-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
Download or read book The Trial Proceedings Of The International Criminal Court written by Notburga K. Calvo-Goller and published by BRILL. This book was released on 2006 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains the trial proceedings of the International Criminal Court, the ICTY and the ICTR in one single volume. This book covers the procedural and evidentiary aspects of the trials before the ICC from the beginning of an investigation until the time the convict has served the sentence and it includes ICTY and ICTR precedents.
Download or read book Principles of Evidence in International Criminal Justice written by Karim A. A. Khan and published by . This book was released on 2010 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Illicitly Obtained Evidence at the International Criminal Court written by Petra Viebig and published by Springer. This book was released on 2016-01-04 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.
Download or read book The Right to a Fair Trial Under Article 14 of the ICCPR written by Amal Clooney and published by Oxford University Press. This book was released on 2021 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work brings together the complete travaux to Article 14 of the International Covenant on Civil and Political Rights. In doing so, it contributes to a thorough and informed understanding of the right to a fair trial, the world's most litigated human right.
Download or read book Defense Perspectives on International Criminal Justice written by Colleen Rohan and published by Cambridge University Press. This book was released on 2017-04-27 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.
Download or read book An Introduction to the Law of International Criminal Tribunals written by Geert-Jan Knoops and published by Martinus Nijhoff Publishers. This book was released on 2014-09-11 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In An Introduction to the Law of International Criminal Tribunals Geert-Jan Alexander Knoops offers an overview of the basic topics in international criminal law (ICL). It discusses main characteristics of International Criminal Tribunals (ICTs), as well as definitions of international crimes. The book will delve into issues of jurisdiction and complementarity, liability principles and specialized defences. Other topics are: due process rights, evidence, trials in absentia and State cooperation. A new chapter is devoted to the geopolitical effects of international criminal prosecutions. The second revised edition includes a chapter on the “new” crime of aggression and is updated with the most recent developments in ICL. The book is essential to everyone becoming familiar with the basic topics and challenges within ICL.
Download or read book Human Rights in International Criminal Proceedings written by Salvatore Zappalà and published by Oxford University Press on Demand. This book was released on 2005-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a procedural approach to human rights guarantees in international criminal proceedings and covers both the systems of the ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court. It analyses the rights conferred on individuals involved in international criminal trials from the commencement of investigations to the sentencing stage, as well as the procedural rights of victims and witnesses. The study focuses on problems which have emerged in three main areas: (i) length of proceedings; (ii) absence of specific sanctions and other remedies for violation of procedural rules; (iii) the need to strengthen the protection of the accused from undue interference with his rights (likely to be caused by a variety of factors, such as conflicting governmental interests, the presence of malicious witnesses, or inadequate legal assistance). Three general suggestions are made to reduce the impact of these weaknesses. First, it could be helpful to adopt specific sanctions for violation of procedural rules (such as, the exclusion of evidence as a remedy for violations of rules on discovery). Secondly, (as has already been provided for in the ICC Statute,) the Prosecutor of the ad hoc Tribunals should play a proactive role in the search for the truth by, among other things, gathering evidence that might exonerate the accused. Thirdly, the right of compensation for unlawful arrest (or detention) and unjust conviction, provided forin the ICC Statute, should be extended to other serious violations of fundamental rights and, in addition, should be laid down in the Statutes of the ICTY and ICTR.
Download or read book Principles of International Criminal Law written by Gerhard Werle and published by Oxford University Press. This book was released on 2014 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.
