Jurisprudence of the International Criminal Courts and the European Court of Human Rights

Procedure and Evidence
Author: Vladimir Tochilovsky
Publisher: Martinus Nijhoff Publishers
ISBN: 9004163387
Category: Law
Page: 912
View: 4059
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The book provides a comprehensive guide to the jurisprudence of the criminal tribunals for the former Yugoslavia and Rwanda, Special Court for Sierra Leone, the International Criminal Court, and the European Court of Human Rights on procedural and evidential matters.

The Rules, Practice, and Jurisprudence of International Courts and Tribunals


Author: Chiara Giorgetti
Publisher: Martinus Nijhoff Publishers
ISBN: 9004194827
Category: Law
Page: 611
View: 7064
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This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.

The Law and Jurisprudence of the International Criminal Tribunals and Courts

Procedure and Human Rights Aspects
Author: Vladimir Tochilovsky
Publisher: Intersentia Uitgevers N V
ISBN: 9781780681993
Category: Law
Page: 1396
View: 2646
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This book provides the most comprehensive overview of the law and jurisprudence of the ad hoc international criminal tribunals and courts, as well as the International Criminal Court. It also includes relevant jurisprudence of the European Court of Human Rights and practice of the UN Human Rights Committee. The book examines the nature and evolution of the relevant statutory provisions of the international tribunals and provides the rationale behind the evolution. It significantly expands the subject matter of the relevant jurisprudence and reflects the developments and the current state of human rights standards in international criminal procedure. With cited jurisprudence and law that is up-to-date as of September 1, 2013, the book contains a digest and analysis of decisions, orders, and judgments of: the International Criminal Tribunal for the Former Yugoslavia * the International Criminal Tribunal for Rwanda * the Special Court for Sierra Leone * the Extraordinary Chambers in the Courts of Cambodia * the International Criminal Court * the European Court of Human Rights.

International Criminal Justice at the Yugoslav Tribunal

A Judge's Recollection
Author: Mohamed Shahabuddeen
Publisher: OUP Oxford
ISBN: 0191649856
Category: Law
Page: 264
View: 4072
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International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International Criminal Tribunal for Rwanda (ICTR) in the following year, the field has changed beyond recognition. The traditional immunity of presidents or heads of government, prime ministers, and other functionaries acting in an official capacity no longer prevails; the doctrine of superior orders is inapplicable except, where appropriate, as in mitigation; and the gap between international armed conflict and non-international armed conflict has closed. More generally, the bridge has been crossed between the irresponsibility of the state and the criminal responsibility of the individual. As a result, the traditional impunity of the state has practically gone. This book, by one of the former judges of the ICTY, ICTR, and the International Court of Justice, assesses some of the workings of the ICTY that have shaped these developments. In it, Judge Shahabuddeen provides an insightful overview of the nature of this criminal court, established on behalf of the whole of the international community. He reflects on its transformation into one of the leading fora for the growth of international criminal law first-hand, offering a unique perspective on the challenges it has faced. Judge Shahabuddeen's experience in international criminal justice makes this volume essential reading for those interested in, or working with, international criminal law.

The Development of International Law by the European Court of Human Rights


Author: J. G. Merrills
Publisher: Manchester University Press
ISBN: 9780719045608
Category: Civil rights
Page: 265
View: 1227
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The rule of law

Substantive and procedural aspects of international criminal law. 1. Commentary


Author: Gabrielle Kirk MacDonald,Olivia Q. Swaak-Goldman
Publisher: BRILL
ISBN: 9789041111333
Category: Law
Page: 3
View: 6903
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Vol. II, Part 1.

The International Criminal Court and National Courts

A Contentious Relationship
Author: Nidal Nabil Jurdi
Publisher: Ashgate Publishing, Ltd.
ISBN: 140949747X
Category: Law
Page: 332
View: 5931
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This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.

The Privilege Against Self-Incrimination and Criminal Justice


Author: Andrew L-T Choo
Publisher: A&C Black
ISBN: 1782253211
Category: Law
Page: 180
View: 5700
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The privilege against self-incrimination is often represented in the case law of England and Wales as a principle of fundamental importance in the law of criminal procedure and evidence. A logical implication of recognising a privilege against self-incrimination should be that a person is not compellable, on pain of a criminal sanction, to provide information that could reasonably lead to, or increase the likelihood of, her or his prosecution for a criminal offence. Yet there are statutory provisions in England and Wales making it a criminal offence not to provide particular information that, if provided, could be used in a subsequent prosecution of the person providing it. This book examines the operation of the privilege against self-incrimination in criminal proceedings in England and Wales, paying particular attention to the influence of the European Convention on Human Rights and the Human Rights Act 1998. Among the questions addressed are how the privilege might be justified, and whether its scope is clarified sufficiently in the relevant case law (does the privilege apply, for example, to pre-existing material?). Consideration is given where appropriate to the treatment of aspects of the privilege in Australia, Canada, India, New Zealand, the USA and elsewhere.

The Diversification and Fragmentation of International Criminal Law


Author: Larissa van den Herik,Carsten Stahn
Publisher: Martinus Nijhoff Publishers
ISBN: 9004214593
Category: Law
Page: 734
View: 7486
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This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Deference in International Courts and Tribunals

Standard of Review and Margin of Appreciation
Author: Lukasz Gruszczynski,Wouter Werner
Publisher: OUP Oxford
ISBN: 0191026506
Category: Law
Page: 400
View: 8747
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International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.

The Human Rights Act and the Criminal Justice and Regulatory Process

The Centre for Public Law at the University of Cambridge
Author: Jack Beatson FBA
Publisher: Bloomsbury Publishing
ISBN: 184731306X
Category: Law
Page: 176
View: 4585
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The UK's new Human Rights Act with its duty to give domestic effect to the European Convention on Human Rights and the jurisprudence of the Strasbourg court will have a significant effect on many aspects of the criminal and regulatory process. The papers in this volume,arising from the second Cambridge Centre for Public Law conference consider the Act's impact on investigation and surveillance, on evidence, procedure and the substantive law applied at trials and hearings, and at the post-trial stage e.g. sentencing and post-report action in respect of DTI Inspection. Contributions from many of the country's leading criminal and regulatory lawyers (both academic and practising) make this volume an important and original source for all criminal lawyers.

The International Criminal Court in Search of its Purpose and Identity


Author: Triestino Mariniello
Publisher: Routledge
ISBN: 1317703081
Category: Law
Page: 288
View: 1853
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The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC’s practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.

The Principle of "equality of Arms" in Criminal Procedure Under Article 6 of the European Convention on Human Rights and Its Functions in Criminal Justice of Selected European Countries

A Comparative View
Author: Małgorzata Wąsek-Wiaderek
Publisher: Leuven University Press
ISBN: 9789058670908
Category: Law
Page: 59
View: 5086
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Annotated Leading Cases of International Criminal Tribunals: 2005-2007


Author: André Klip
Publisher: Intersentia Uitgevers N V
ISBN: N.A
Category: Law
Page: 755
View: 5014
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This 23th volume of Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the International Criminal Court in 2004-2007. It includes the full text of the most important decisions, identical to the original version and includes concurring, separate, and dissenting opinions. In the book, distinguished experts in the field of international criminal law have commented on the decisions. (Series: Annotated Leading Cases of International Criminal Tribunals - Vol. 23)

The Evolutionary Interpretation of Treaties


Author: Eirik Bjorge
Publisher: OUP Oxford
ISBN: 0191025771
Category: Law
Page: 280
View: 7361
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If an old treaty regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted decades after its conclusion, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was concluded? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over five decades old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the Vienna rules of interpretation, as codified in Articles 3133 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treatiesin common with all other types of interpretationis in fact based upon an objective understanding of the intention of the parties. In order to marry intention and evolution, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Articles 3133 and, on the other, that Articles 3133 are geared towards the objective establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.

The Reception of International Law in the European Court of Human Rights


Author: Magdalena Forowicz
Publisher: Oxford University Press, USA
ISBN: 0199592675
Category: Law
Page: 421
View: 7314
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The European Court of Human Rights increasingly refers to international law in its case law, but its interpretation of it is often problematic. This book examines whether the Court has been able to create a coherent approach to the evaluation of international law and, ultimately, whether it has been able to contribute to its development.

The Making of International Criminal Justice: A View from the Bench: Selected Speeches


Author: Theodor Meron
Publisher: OUP Oxford
ISBN: 0191648671
Category: Law
Page: 336
View: 5404
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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.

The Special Court for Sierra Leone 2004-2006


Author: André Klip,Göran Sluiter
Publisher: Intersentia Uitgevers N V
ISBN: N.A
Category: Law
Page: 851
View: 2221
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This 21st volume of Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the Special Court for Sierra Leone in 2004-2006. It includes the full text of the most important decisions, identical to the original version, and includes concurring, separate, and dissenting opinions. In the book, distinguished experts in the field of international criminal law have commented on the decisions. (Series: Annotated Leading Cases of International Criminal Tribunals - Vol. 21)

The Judicial Application of Human Rights Law

National, Regional and International Jurisprudence
Author: Nihal Jayawickrama
Publisher: Cambridge University Press
ISBN: 9780521780421
Category: Law
Page: 965
View: 8623
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10 The right to life