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Author: Suzanne Schot
Publisher: Taylor & Francis
ISBN: 1003852467
Category : Law
Languages : en
Pages : 250
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Book Description
This book focuses on the testimonial evidence of traumatised witnesses in trials of international crimes, which deal with acts of genocide, war crimes and crimes against humanity. Such trials often involve the testimonies of those who experienced or witnessed extremely traumatic events, which can make it hard for these witnesses to recall specific details. Testifying during trial may in itself also pose challenges to their well-being. Yet the legal process of determining whether someone can be held criminally responsible for the alleged crimes needs to be fair, in accordance with the right to a fair trial of the accused, and the facts need to be determined as accurately as possible. This book argues that to ensure fair and accurate fact-finding when in particular traumatised witnesses testify, a balance needs to be struck between the needs of witnesses who testify about traumatic experiences, the fair trial rights of the accused and the objective of the court to establish as accurately as possible the responsibility of the accused. This is crucial throughout the stages of selecting, preparing, presenting and assessing the testimonial evidence of traumatised witnesses. The methodology involves an analysis of transcripts of proceedings and case law of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Court and Dutch courts prosecuting international crimes. The research demonstrates that it is often difficult to strike a balance between the competing objectives during proceedings when traumatised witnesses testify due to the current lack of regulations and guidelines applicable during investigations and prosecutions. This book shows that this balance can, and should, be achieved when traumatised witnesses testify during criminal proceedings for international crimes. The work is an invaluable resource for researchers, academics and practitioners in criminal law, criminology, legal psychology, legal psychiatry, social anthropology and forensic sciences.
Author: Suzanne Schot
Publisher: Taylor & Francis
ISBN: 1003852467
Category : Law
Languages : en
Pages : 250
Get Book Here
Book Description
This book focuses on the testimonial evidence of traumatised witnesses in trials of international crimes, which deal with acts of genocide, war crimes and crimes against humanity. Such trials often involve the testimonies of those who experienced or witnessed extremely traumatic events, which can make it hard for these witnesses to recall specific details. Testifying during trial may in itself also pose challenges to their well-being. Yet the legal process of determining whether someone can be held criminally responsible for the alleged crimes needs to be fair, in accordance with the right to a fair trial of the accused, and the facts need to be determined as accurately as possible. This book argues that to ensure fair and accurate fact-finding when in particular traumatised witnesses testify, a balance needs to be struck between the needs of witnesses who testify about traumatic experiences, the fair trial rights of the accused and the objective of the court to establish as accurately as possible the responsibility of the accused. This is crucial throughout the stages of selecting, preparing, presenting and assessing the testimonial evidence of traumatised witnesses. The methodology involves an analysis of transcripts of proceedings and case law of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Court and Dutch courts prosecuting international crimes. The research demonstrates that it is often difficult to strike a balance between the competing objectives during proceedings when traumatised witnesses testify due to the current lack of regulations and guidelines applicable during investigations and prosecutions. This book shows that this balance can, and should, be achieved when traumatised witnesses testify during criminal proceedings for international crimes. The work is an invaluable resource for researchers, academics and practitioners in criminal law, criminology, legal psychology, legal psychiatry, social anthropology and forensic sciences.
Author: Ilias Bantekas
Publisher: Bloomsbury Publishing
ISBN: 1847317359
Category : Law
Languages : en
Pages : 1357
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Book Description
This book offers a comprehensive analysis of the major areas of international criminal law (ICL). It approaches its subject matter from both a criminal law and an international law perspective, analysing the various topics exhaustively but in an accessible manner. While looking at the jurisprudence of the international tribunals, it is not confined to this approach, instead looking at all the fields in which ICL is employed. Thus it covers the theory of ICL, including the concepts of individual responsibility, the sources of ICL, State criminality, legality and legitimacy; the subjective (mens rea) and objective (actus reus) elements of international crimes and the particular position of the International Criminal Court Statute; the various modes of liability and participation in international crimes; the doctrine of command responsibility; defences and grounds for excluding liability; immunities; an extensive analysis of all war crimes; crimes against humanity; genocide; the crime of aggression; international criminal law of the sea, including piracy, armed robbery at sea, pollution-related offences, fisheries-related offences, maritime terrorism, injury to cables and pipelines, illegal broadcasting and enforcement against such offences; transnational crimes, including organised crime, corruption, money laundering, illicit trafficking of drugs and postal offences; particular international offences against the person, especially slavery and related practices, apartheid, enforced disappearances and torture; the legal contours of the crime of terrorism; an analysis of the historical development of ICL and of the legal processes relating to the Nuremberg Tribunal; an analysis of the UN tribunals for Yugoslavia and Rwanda; an examination of the International Criminal Court; an analysis of hybrid internationalised tribunals, such as those of Iraq, Sierra Leone, Cambodia, East Timor, Kosovo, Lebanon and Lockerbie, as well as an examination of truth commissions and amnesties; the various strands of criminal jurisdiction, and; the different modes of inter-State cooperation in criminal matters, including cooperation with international tribunals, extradition, illegal rendition and mutual legal assistance.
Author: Nicole Bluett-Boyd
Publisher:
ISBN: 9781922038449
Category : Sexual abuse victims
Languages : en
Pages : 74
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Book Description
Reforms have been underway over the last three decades to address the disadvantages that victim/survivors of sexual assault face within the criminal justice system in Australia. Such reforms include expansion of advocate services, specialisation of police, alternative provisions for giving evidence at trial, and changes to jury instructions. This report was commissioned to examine the implementation of these reforms and their impact on the victim/survivor experience. Drawing on interviews with 81 criminal justice professionals including counsellors, lawyers and judges, it looks at victim/survivor-focused approaches, promising and innovative practices, the take up of reforms, the factors that enable or inhibit victim-focused reforms being embedded in court practices, and the potential for future reform.
Author: Brendan D. Kelly
Publisher: Taylor & Francis
ISBN: 1000984915
Category : Law
Languages : en
Pages : 756
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Book Description
Mental health law is a rapidly evolving area of practice and research, with growing global dimensions. This work reflects the increasing importance of this field, critically discussing key issues of controversy and debate, and providing up-to-date analysis of cutting-edge developments in Africa, Asia, Europe, the Americas, and Australia. This is a timely moment for this book to appear. The United Nations’ Convention on the Rights of Persons with Disabilities (2006) sought to transform the landscape in which mental health law is developed and implemented. This Convention, along with other developments, has, to varying degrees, informed sweeping legislative reforms in many countries around the world. These and other developments are discussed here. Contributors come from a wide range of countries and a variety of academic backgrounds including ethics, law, philosophy, psychiatry, and psychology. Some contributions are also informed by lived experience, whether in person or as family members. The result is a rich, polyphonic, and sometimes discordant account of what mental health law is and what it might be. The Handbook is aimed at mental health scholars and practitioners as well as students of law, human rights, disability studies, and psychiatry, and campaigners and law- and policy-makers.
Author: Marlies Glasius
Publisher: Routledge
ISBN: 1134315678
Category : Law
Languages : en
Pages : 177
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Book Description
A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?
Author: William A. Schabas
Publisher: Oxford University Press
ISBN: 0191060305
Category : Law
Languages : en
Pages : 2251
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Book Description
Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.
Author: Suzanne Leontine Schot
Publisher:
ISBN: 9781032442006
Category : Criminal procedure (International law)
Languages : en
Pages : 0
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Book Description
"This book focuses on the testimonial evidence of traumatised witnesses in trials of international crimes, which deal with acts of genocide, war crimes and crimes against humanity. Such trials often involve the testimonies of those who experienced or witnessed extremely traumatic events, which can make it hard for these witnesses to recall specific details. Testifying during trial may in itself also pose challenges to their well-being. Yet the legal process of determining whether someone can be held criminally responsible for the alleged crimes needs to be fair, in accordance with the right to a fair trial of the accused, and the facts need to be determined as accurately as possible. This book argues that to ensure fair and accurate fact-finding when in particular traumatised witnesses testify, a balance needs to be struck between the needs of witnesses who testify about traumatic experiences, the fair trial rights of the accused, and the objective of the court to establish as accurately as possible the responsibility of the accused. This is crucial throughout the stages of selecting, preparing, presenting and assessing the testimonial evidence of traumatised witnesses. The methodology involves an analysis of transcripts of proceedings and case law of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Court, and Dutch courts prosecuting international crimes. The research demonstrates that it is often difficult to strike a balance between the competing objectives during proceedings when traumatised witnesses testify due to the current lack of regulations and guidelines applicable during investigations and prosecutions. This book shows that this balance can, and should, be achieved when traumatised witnesses testify during criminal proceedings for international crimes. The work is an invaluable resource for researchers, academics and practitioners in criminal law, criminology, legal-psychology, legal-psychiatry, social anthropology and forensic sciences"--
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8293081600
Category : Law
Languages : en
Pages : 340
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Book Description
It is often only years after the commission of core international crimes that prosecutions and investigations take place. This anthology addresses challenges associated with such delayed justice: the location, treatment, and assessment of old evidence. Part I considers the topic from the perspective of different actors involved in the prosecution of core international crimes at the domestic and international levels. Part II comprises chapters focusing on the efforts of the Bangladeshi authorities to investigate and prosecute international crimes perpetrated during the 1971 war. This book brings together experienced judges, prosecutors, lawyers, scientists, and commentators who have dealt with questions of old evidence in their work. Among the contributors are Shafique Ahmed, Andrew Cayley, David Cohen, Seena Fazel, Siri S. Frigaard, M. Amir-Ul Islam, Md. Shahinur Islam, Agnieszka Klonowiecka-Milart, Alphons M.M. Orie, Stephen J. Rapp, Patrick J. Treanor, Otto Triffterer and Martin Witteveen. The chapters describe the challenges encountered in practice and suggest concrete solutions that can be tailored to fit the circumstances of the case or country. By providing a comprehensive analysis of the relevant problems in this area and a variety of views, this anthology will serve as an invaluable resource for criminal justice actors and researchers seeking to address questions of old evidence.
Author: Sylvia Ntube Ngane
Publisher: BRILL
ISBN: 900430195X
Category : Law
Languages : en
Pages : 430
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Book Description
The book is an evaluation of the doctrine and practice of international criminal courts and tribunals on the position of witnesses against a theoretically informed ideal of a cosmopolitan world order. It seeks to ascertain that there is a cosmopolitan international community, with shared values, that are instantiated in the international criminal tribunals, and that is what justifies the exercise of jurisdiction over witnesses who provide false testimony or engage in other forms of contempt of court. The book evaluates the practice of the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.
Author: Carsten Stahn
Publisher: BRILL
ISBN: 9004180753
Category : Business & Economics
Languages : en
Pages : 792
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Book Description
The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Court’s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.
