The Legacy of Ad Hoc Tribunals in International Criminal Law

The Legacy of Ad Hoc Tribunals in International Criminal Law PDF Author: Milena Sterio
Publisher: Cambridge University Press
ISBN: 1108417388
Category : Law
Languages : en
Pages : 393

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Book Description
Assesses the legacy and impact of the ICTY and ICTR, focusing on their most significant legal achievements in international criminal law.

The Legacy of Ad Hoc Tribunals in International Criminal Law

The Legacy of Ad Hoc Tribunals in International Criminal Law PDF Author: Milena Sterio
Publisher: Cambridge University Press
ISBN: 1108417388
Category : Law
Languages : en
Pages : 393

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Book Description
Assesses the legacy and impact of the ICTY and ICTR, focusing on their most significant legal achievements in international criminal law.

The Oxford Handbook on the United Nations

The Oxford Handbook on the United Nations PDF Author: Thomas George Weiss
Publisher: Oxford University Press, USA
ISBN: 0199560102
Category : Language Arts & Disciplines
Languages : en
Pages : 1025

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Book Description
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.

International Crimes and the Ad Hoc Tribunals

International Crimes and the Ad Hoc Tribunals PDF Author: Guénaël Mettraux
Publisher: Oxford University Press on Demand
ISBN: 9780199207541
Category : Law
Languages : en
Pages : 442

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Book Description
The contribution of the ad hoc Tribunals to international criminal law and international justice has been manifold, both academically and historically, and they will continue to influence the findings and decisions of many other courts (both domestic and international), and to provoke discussion for many years to Come. This volume provides the first comprehensive analysis of the law of international crimes as applied by the ad hoc tribunals for the former Yugoslavia and Rwanda. International Crimes and the Ad Hoc Tribunals examines the legal and historical significance of some of the most important judicial developments to occur in the last 50 years in international criminal law. It states the law of the Tribunals, and provides concrete illustrations of the application of the law to a variety of criminal cases, providing a comprehensive and detailed analysis of this voluminous body of jurisprudence. The primary focus is on the jurisdiction ratione materiae of the Tribunals:the definition and application of the law of war crimes, crimes against humanity, and genocide. However, it also examines the Tribunals' jurisdiction ratione personae, insofar as this enables a full understanding of the law of crimes (for instance, in relation to forms of criminal liability).

Sentencing in International Criminal Law

Sentencing in International Criminal Law PDF Author: Silvia D'Ascoli
Publisher: Bloomsbury Publishing
ISBN: 1847316441
Category : Law
Languages : en
Pages : 468

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Book Description
This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.

International Crimes and the Ad Hoc Tribunals

International Crimes and the Ad Hoc Tribunals PDF Author: Guénaël Mettraux
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 566

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Book Description
However, it also examines the Tribunals' jurisdiction ratione personae, insofar as this enables a full understanding of the law of crimes (for instance, in relation to forms of criminal liability)."--Jacket.

Implementing International Humanitarian Law

Implementing International Humanitarian Law PDF Author: Yusuf Aksar
Publisher: Psychology Press
ISBN: 0714655848
Category : Law
Languages : en
Pages : 336

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Book Description
This book examines the international humanitarian law rules and their application by the ad hoc tribunals with regard to the substantive laws of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR).

Histories Written by International Criminal Courts and Tribunals

Histories Written by International Criminal Courts and Tribunals PDF Author: Aldo Zammit Borda
Publisher: Springer Nature
ISBN: 9462654271
Category : Law
Languages : en
Pages : 276

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Book Description
This book argues for a more moderate approach to history-writing in international criminal adjudication by articulating the elements of a “responsible history” normative framework. The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives has gained renewed relevance in the context of the recent turn to history in international criminal law, the growing attention to the historical legacies of the ad hoc Tribunals and the minimal attention paid to historical context in the first judgment of the International Criminal Court. The starting point for this discussion is that, in cases of mass atrocities, prosecutors and judges are inevitably understood to be engaged in writing history and influencing collective memory, whether or not they so intend. Therefore, while writing history is an inescapable feature of ICTs, there is still today a significant lack of consensus over the proper place of this function. Since Hannah Arendt articulated her doctrine of strict legality, in response to the prosecutor’s expansive didactic approach in Eichmann, the legal debate on the subject has been largely polarised between restrictive and expansive approaches to history-writing in mass atrocity trials. What has been noticeably missing from this debate is the middle ground. The contribution this book seeks to make is precisely to articulate a framework that occupies that ground. The book asks: what are the lenses through which judges of ICTs interpret historical events, what kind of histories do ICTs write? and what kinds of histories should ICTs produce? Its arguments for a more moderate approach to history-writing are based on three distinct, but interrelated grounds: (1) Truth and Justice; (2) Right to Truth; and (3) Legal Epistemology. Different target audiences may benefit from this book. Court officials and legal practitioners may find the normative framework developed herein useful in addressing the tensions between the competing objectives of ICTs and, in particular, in assessing the value of the history-writing function. Lawyers, historians and other academics may also find the analysis of the strengths, constraints and blind spots of the historical narratives written by ICTs interesting. This issue is particularly timely in view of current debates on the legacies of ICTs. Aldo Zammit Borda is Director of the Centre for Access to Justice and Inclusion at Anglia Ruskin University, Cambridge, UK.

The UN International Criminal Tribunals

The UN International Criminal Tribunals PDF Author: William A. Schabas
Publisher: Cambridge University Press
ISBN: 1139456814
Category : Political Science
Languages : en
Pages : 55

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Book Description
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.

The Cambridge Companion to International Criminal Law

The Cambridge Companion to International Criminal Law PDF Author: William Schabas
Publisher: Cambridge University Press
ISBN: 1107052335
Category : Law
Languages : en
Pages : 421

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Book Description
An authoritative introduction to international criminal law written by renowned international lawyers, judges, prosecutors, criminologists and historians.

International Courts and Tribunals

International Courts and Tribunals PDF Author: William Schabas
Publisher:
ISBN: 9781782547778
Category : International courts
Languages : en
Pages : 0

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Book Description
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.