Using Old Evidence in Core International Crimes Cases PDF Download
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Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 829308152X
Category : Law
Languages : en
Pages : 4
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Book Description
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 829308152X
Category : Law
Languages : en
Pages : 4
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Book Description
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8293081600
Category : Law
Languages : en
Pages : 313
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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: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8293081074
Category : Law
Languages : en
Pages : 302
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Book Description
Author: Elies van Sliedregt
Publisher: Oxford University Press
ISBN: 0198703198
Category : Law
Languages : en
Pages : 481
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Book Description
"Collection of papers presented at the conference "Pluralism v Harmonization: National Adjudication of International Crimes" that was held in June 2012 in Amsterdam"--Acknowlegements.
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283480812
Category : Law
Languages : en
Pages : 4
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Book Description
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: Gerhard Werle
Publisher: Springer Nature
ISBN: 3662651513
Category : Law
Languages : en
Pages : 160
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Book Description
The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).
Author: M. Rafiqul Islam
Publisher: BRILL
ISBN: 9004389385
Category : Law
Languages : en
Pages : 536
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Book Description
This book presents an account and interpretation of the major legal issues arising in course of the trial process and their judicial expositions reflected in the judgments and underscores their precedential significance, legacy, and contribution.
Author: Caroline Fournet
Publisher: BRILL
ISBN: 9004364420
Category : Law
Languages : en
Pages : 411
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Book Description
Biolaw and International Criminal Law: Towards Interdisciplinary Synergies investigates the foundational, conceptual and interdisciplinary aspects of an emerging field: International Criminal Biolaw.
Author: Moa Lidén
Publisher: Oxford University Press
ISBN: 0192693441
Category : Law
Languages : en
Pages : 289
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Book Description
In criminal cases, practitioners such as police officers, crime scene investigators, pathologists, prosecutors, and judges are expected to make decisions that are objective and impartial. However, research since the 1960's into so-called confirmation bias provides persuasive scientific evidence that humans are unable to do so. As flawed investigations and proceedings come to light, the importance of undertaking proper bias mitigation measures is clear. Confirmation Bias in Criminal Cases takes a multi-disciplinary approach to a complex, real-world issue. It lays out the chronology of criminal investigations and proceedings, and assesses how bias plays a role in each stage. It also offers research-based strategies to combat bias, such as independent review, contextual information management, linear sequential unmasking, and structured evaluations of the evidence. This book is vital reading for anyone involved in the criminal justice system. It not only gives a holistic view of the human element of confirmation bias but it also offers strategies for how to address it.
