Download or read book The UN International Criminal Tribunals written by William A. Schabas and published by Cambridge University Press. This book was released on 2006-07-20 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The UN International Criminal Tribunals written by Klaus Bachmann and published by Routledge. This book was released on 2015-03-24 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are now about to close. Bachmann and Fatic look back at the achievements and shortcomings of both tribunals from an interdisciplinary perspective informed by sociology, political science, history, and philosophy of law and based upon on two key notions: the concepts of legitimacy and efficiency. The first asks to what extent the input (creation) of, the ICTY and the ICTR can be regarded as legitimate in light of the legal and public debate in the early 1990s. The second confronts the output (the procedures and decisions) of the ICTY and the ICTR with the tasks both tribunals were assigned by the UN Security Council, the General Assembly, and by key organs (the president and the chief prosecutors). The authors investigate to what extent the ICTY and the ICTR have delivered the expected results, whether they have been able to contribute to 'the maintenance of peace', 'stabilization' of the conflict regions, or even managed to provide 'reconciliation' to Rwanda. Furthermore, the book is concerned with how many criminals, over whom the ICTY and the ICTR wield jurisdiction, have actually been prosecuted and at what cost. Offering the first balanced and in depth analysis of the International Criminal Tribunals, the volume provides an important insight into what lessons have been learned, and how a deeper understanding of the successes and failures can benefit the international legal community in the future.
Download or read book UN Security Council Referrals to the International Criminal Court written by Alexandre Skander Galand and published by BRILL. This book was released on 2018-11-26 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself.
Download or read book International Criminal Tribunals written by Y. Beigbeder and published by Springer. This book was released on 2011-04-28 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book summarizes the work of international criminal courts focusing on the political challenges faced by them. It is a practical, comprehensive manual on the origin and development of international criminal justice and includes the criminal tribunals of Nuremberg, Tokyo, Yugoslavia, Rwanda, East Timor, Sierra Leone, Cambodia, Lebanon, Iraq.
Download or read book An Introduction to the International Criminal Court written by William Schabas and published by Cambridge University Press. This book was released on 2017-01-26 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fifth edition introduction to the law and practice of the International Criminal Court since it became fully operational.
Download or read book International Criminal Law written by M. Cherif Bassiouni and published by BRILL. This book was released on 2008 with total page 763 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victimsa (TM) Rights in International Law).
Download or read book The UN International Criminal Tribunals written by William A. Schabas and published by Cambridge University Press. This book was released on 2006-07-20 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Court of Remorse written by Thierry Cruvellier and published by Univ of Wisconsin Press. This book was released on 2010-08-05 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: When genocidal violence gripped Rwanda in 1994, the international community recoiled, hastily withdrawing its peacekeepers. Late that year, in an effort to redeem itself, the United Nations Security Council created the International Criminal Tribunal for Rwanda to seek accountability for some of the worst atrocities since World War II: the genocide suffered by the Tutsi and crimes against humanity suffered by the Hutu. But faced with competing claims, the prosecution focused exclusively on the crimes of Hutu extremists. No charges would be brought against the Tutsi-led Rwandan Patriotic Front, which ultimately won control of the country. The UN, as if racked by guilt for its past inaction, gave in to pressure by Rwanda’s new leadership. With the Hutu effectively silenced, and the RPF constantly reminding the international community of its failure to protect the Tutsi during the war, the Tribunal pursued an unusual form of one-sided justice, born out of contrition. Fascinated by the Tribunal’s rich complexities, journalist Thierry Cruvellier came back day after day to watch the proceedings, spending more time there than any other outside observer. Gradually he gained the confidence of the victims, defendants, lawyers, and judges. Drawing on interviews with these protagonists and his close observations of their interactions, Cruvellier takes readers inside the courtroom to witness the motivations, mechanisms, and manipulations of justice as it unfolded on the stage of high-stakes, global politics. It is this ground-level view that makes his account so valuable—and so absorbing. A must-read for those who want to understand the dynamics of international criminal tribunals, Court of Remorse reveals both the possibilities and the challenges of prosecuting human rights violations. A Choice Outstanding Academic Book Best Books for General Audiences, selected by the American Association for School Libraries and the Public Library Association Best Books for High Schools, selected by the American Association for School Libraries
Download or read book The Making of International Criminal Justice A View from the Bench Selected Speeches written by Theodor Meron and published by OUP Oxford. This book was released on 2011-07-07 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until recently, and with a few notable exceptions in the wake of World War II, violations of the laws of war and international humanitarian law were addressed primarily as claims between states. However, this approach has changed radically in the last twenty years, as the international community has increasingly accepted the idea of individual criminal responsibility for violations of international humanitarian law. The International Criminal Tribunals for the former Yugoslavia and Rwanda have played a key role in this transformation and, as the trailblazers for a growing number of new international or hybrid criminal courts, in establishing the field of international criminal justice and encouraging the national prosecution of war crimes. Understanding the Tribunals' origins, their ground-breaking jurisprudence, and how they have addressed critical legal and practical challenges is essential to understanding both the revolution that has occurred over the past twenty years and how international criminal law will change and grow in the years ahead. As a leading scholar on humanitarian law, and President of the International Criminal Tribunal for the former Yugoslavia, Theodor Meron has observed and influenced the development of international criminal law as it has evolved from a mostly academic exercise to a cornerstone of the new international legal order. In this collection of speeches delivered during his first decade on the bench, he offers an insightful overview of the foundations of international criminal law as well as a unique insider's perspective on the challenges faced by international criminal tribunals, their creation of a corpus of substantive and procedural law, and the responsibilities of international jurists. Judge Meron's experience in international criminal justice makes this volume as rewarding for experts as it is for the general public.
Download or read book An Institutional Perspective on the United Nations Criminal Tribunals written by Huw Llewellyn and published by BRILL. This book was released on 2021-03-22 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Huw Llewellyn offers a comparative institutional analysis of the five United Nations criminal tribunals (for the former Yugoslavia, Rwanda, Sierra Leone, Cambodia and Lebanon), assessing their institutional strengths and weaknesses, and tracing the tension between their governance and judicial independence.
Download or read book The Oxford Handbook on the United Nations written by Thomas G. Weiss and published by Oxford University Press. This book was released on 2008-11-13 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major new handbook provides the definitive and comprehensive analysis of the UN and will be an essential point of reference for all those working on or in the organization.
Download or read book The Triggering Procedure of the International Criminal Court written by Héctor Olásolo and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.
Download or read book Legacies of the International Criminal Tribunal for the Former Yugoslavia written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2020-06-11 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction: Legacy as Dialogue: Reflecting on the ICTY Experience / Carsten Stahn. - PART I OPENING REFLECTIONS. - 1 The Last Testament of the ICTY / Carmel Agius. - 2 Making Complementarity a Reality: The Experiences of the ICTY and IRMCT Office of the Prosecutor / Serge Brammertz. - 3 The ICTY and the Defence Legacy: The Association of Counsel Practising Before the ICTY / Colleen Rohan. - 4 The Moral Legacy of the ICTY, Miguel de Serpa Soares. - PART II LEGACY LENSES, THEORIZATIONS, AND NARRATIVES. - 5 The ICTY is Dead! Long Live the ICTY!: ICTY Legacies in Perspective / Carsten Stahn. - 6 Legacies in the Making at the ICTY / Viviane E. Dittrich. - 7 The Narrative Legacies of Exceptional Crime: The Prosecutor as a Peacebuilder / Simone Gigliotti and Amber Pierce. - 8 Meandering Jurisprudence and Unanticipated Legacies: The ICTY's Reach into Domestic Civil Litigation / Mark Drumbl, - PART III EXPRESSIVE PRACTICES, JUDICIAL RECORD, HISTORY, AND TRUTH. - 9 Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia / Marina Aksenova. - 10 A Partial View of History: ICTY Judgments as 'Judicial Truths' / Luigi Prosperi and Aldo Zammit Borda . - 11 Handle with Care: ICTY, Juridical By-products, and Criminological Analyses / Andy Aydin-Aitchiso. - PART IV EVIDENCE, WITNESS TESTIMONY, AND WITNESS EXPERIENCES. - 12 Lessons Learned from the Use of DNA Evidence in Srebrenica-related Trials at the ICTY / Kweku Vanderpuye and Christopher Mitchell, - 13 Whither Thou Truth and Justice: Witness Perceptions About their Contributions to the ICTY / Kimi Lynn King and James Meernik. - PART V CRIMINAL PROCEDURE, COURT MANAGEMENT, AND OUTREACH. - 14 Defence Investigative Ethics: Practical Lessons from the ICTY's Legacy for Counsel Practising in the Region / Michael G. Karnavas. - 15 Judgments and Judgment Drafting, / Thomas Wayde Pittman and Marko Divac Öberg. - 16 Muzzling the Press: When Does the Law Justify Reporting Restrictions? Contempt Cases Against Journalists at the ICTY and Beyond / Audrey Fino and Sandra Sahyouni. - 17 Translating and Interpreting at the ICTY: Lessons Learned / Ellen Elias-Bursać. - 18 Was it Worth it? A Look into the Results of the ICTY's Outreach Programme / Petar Finci. - 19 The Legacy of Youth Outreach at the International Criminal Tribunal for the Former Yugoslavia / Adrian Plevin. - PART VI PUNISHMENT, SENTENCING, AND BEYOND. - 20 Punishing for Humanity: The Sentencing Legacy of the ICTY / Margaret M. deGuzman. - 21Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina / Barbora Holá. - 22 When Justice is Done: The ICTY and the Post-trial Phase / Joris van Wijk and Barbora Holá . - PART VII IMPACT ON DOMESTIC LEGAL SYSTEMS. - 23 Narratives of Justice and War in Croatia / Ivor Sokolić. - 24 The Legacy of the ICTY: The Three-tiered Approach to Justice in Bosnia-Herzegovina and Benchmarks for Measuring Success / Jennifer Trahan and Iva Vukušić. - 25 Cooperation between Serbia and the ICTY for the Investigation and Prosecution of Violations of International Humanitarian Law / Tatjana Dawson and Ljiljana Hellman. - 26 'We Learnt that from The Hague': How the ICTY Influenced the Fairness of Criminal Trials in the Former Yugoslavia / Kei Hannah Brodersen. - PART VIII SOCIETAL IMPACT, RECEPTION, AND GAPS. - 27 The Peace versus Justice Debate Revisited: The ICTY's Impact on the Bosnian Peace Process / Jacqueline R. McAllister. - 28 Croatia's Homeland War, the Battles Over Victor's Justice, and the Legacy of the ICTY / Victor Peskin. - 29 The (Lack of) Impact of the ICTY on the Public Memory of the War in Bosnia and Herzegovina / Jovana Mihajlović Trbovc. - 30 The Broken Path to Reconciliation in Bosnia and Herzegovina: A Field Study of Memories / Rosa Aloisi. - 31 The ICTY, Truth, and Reconciliation: A Meta Reconceptualization / Janine Natalya Clark.
Download or read book The International Criminal Tribunal for Rwanda written by Virginia Morris and published by . This book was released on 1998 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: Treatment, the authors of the oft-cited Insider's Guide to the International Criminal Tribunal for the Former Yugoslavia provide a meticulously documented analysis of the legal instruments & precedents governing the work of the Rwanda Tribunal. They examine the multitude of extraordinary new issues raised by the Rwanda Tribunal & assess its important contribution to the identification of crimes that may fall under international jurisdiction. Volume 2 contains an invaluable collection of the constitutive & interpretative documents of the Tribunal.
Download or read book International Criminal Justice written by Roberto Bellelli and published by Routledge. This book was released on 2016-04-22 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.
Download or read book The Legitimacy of International Criminal Tribunals written by Nobuo Hayashi and published by Cambridge University Press. This book was released on 2017-01-19 with total page 843 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Courts and Tribunals written by William Schabas and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law.
