Search results for: essays-on-icty-procedure-and-evidence

Essays on ICTY Procedure and Evidence

Author : Gabrielle Kirk MacDonald
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This collection of essays honours Gabrielle Kirk McDonald, the International Tribunal's second President and the presiding judge in the first international war crimes trial in modern times. Written by judges, legal advisers and practitioners, it is the first comprehensive overview of the procedural and evidentiary aspects of the International Tribunal's work. These essays will be of great assistance to all of those who are following the work and development of the International Tribunal, particularly practitioners, academics and students. This collection is thus a valuable addition to the literature on the International Tribunal and a worthy tribute to President McDonald and her work.

Essays on ICTY Procedure and Evidence in Honour of Gabrielle Kirk McDonald

Author : Gabrielle McDonald
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This collection of essays honours Gabrielle Kirk McDonald, the International Tribunal's second President and the presiding judge in the first international war crimes trial in modern times. Written by judges, legal advisers and practitioners, it is the first comprehensive overview of the procedural and evidentiary aspects of the International Tribunal's work. These essays will be of great assistance to all of those who are following the work and development of the International Tribunal, particularly practitioners, academics and students. This collection is thus a valuable addition to the literature on the International Tribunal and a worthy tribute to President McDonald and her work.

Essays on ICTY Procedure and Evidence in Honour of Gabrielle Kirk McDonald

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Due Process and International Terrorism

Author : Roza Pati
File Size : 70.24 MB
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This book is unique as it comprehensively analyzes the international guarantees of due process in criminal law ranging from arrest and detention to other pre-trial procedures to the trial itself and appeals, both in times of normalcy and in times of emergency, against the background of the “Global War on Terror.” Relevant jurisprudence of universal and regional human rights systems is complemented by pertinent customary international law, including humanitarian law, and pertinent guarantees in the hybrid systems of international criminal tribunals. These international due process norms are then compared with pertinent United States criminal procedure, both in times of peace and times of emergency, including the most recent treatment and adjudication of terrorist suspects in Guantánamo and beyond. The book ends with an appraisal of these past measures of counter-terrorism and recommendations regarding the proper balance to be struck between the due process interests of the accused and the security interests of the community.

International Criminal Procedure

Author : Göran Sluiter
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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.

Fact Finding without Facts

Author : Nancy A. Combs
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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.

An Introduction to International Criminal Law and Procedure

Author : Robert Cryer
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International criminal law has developed considerably in the last decade and a half, resulting in a complex and re-invigorated discipline. This has impacted directly on the popularity of the study of the subject, particularly on postgraduate law degrees. This textbook serves these courses by providing an introduction to the principles of international criminal law and processes. Written by four international lawyers with experience of teaching international criminal law, it is accessible yet sophisticated in its approach. It covers substantive international criminal law, the institutions designed to enforce it and their procedures, and the international law applicable to domestic prosecutions of international crimes. It will be essential reading for students and teachers of international criminal law. In addition, practitioners and researchers in the field (and in related fields such as criminal law), students of international law and international relations will find this introduction invaluable.

Power and Law in International Society

Author : Mark Klamberg
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When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.

Translating Evidence and Interpreting Testimony at a War Crimes Tribunal

Author : Ellen Elias-Bursac
File Size : 41.34 MB
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How can defendants be tried if they cannot understand the charges being raised against them? Can a witness testify if the judges and attorneys cannot understand what the witness is saying? Can a judge decide whether to convict or acquit if she or he cannot read the documentary evidence? The very viability of international criminal prosecution and adjudication hinges on the massive amounts of translation and interpreting that are required in order to run these lengthy, complex trials, and the procedures for handling the demands facing language services. This book explores the dynamic courtroom interactions in the International Criminal Tribunal for the Former Yugoslavia in which witnesses testify through an interpreter about translations, attorneys argue through an interpreter about translations and the interpreting, and judges adjudicate on the interpreted testimony and translated evidence.

Evidence in International Criminal Trials

Author : Mark Klamberg
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Evidence in International Criminal Trials compares procedural activities relevant for international criminal tribunals and the International Criminal Court: evaluation, collection, disclosure, admissibility and presentation of evidence. The book provides guidance on how to confront legal as well as factual issues.