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"Prosecuting international crimes in Africa contributes to the understanding of international criminal justice in Africa. The books argues for the rule of law, respect for human rights and the eradication of a culture of impunity in Africa. it is a product of peer-reviewed contributions from graduates of the Centre for Human Rights, Faculty of Law, University of Pretoria, where the Master's degree programme in Human Rights and Democratisation in Africa has been presented since 2000"--Back cover.
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Community policing has often been promoted, particularly in liberal democratic societies, as the best approach to align police services with the principles of good security sector governance (SSG). The stated goal of the community policing approach is to reduce fear of crime within communities, and to overcome mutual distrust between the police and the communities they serve by promoting police citizen partnerships. This SSR Paper traces the historical origins of the concept of community policing in Victorian Great Britain and analyses the processes of transfer, implementation, and adaptation of approaches to community policing in Imperial and post-war Japan, Singapore, and Timor-Leste. The study identifies the factors that were conducive or constraining to the establishment of community policing in each case. It concludes that basic elements of police professionalism and local ownership are necessary preconditions for successfully implementing community policing according to the principles of good SSG. Moreover, external initiatives for community policing must be more closely aligned to the realities of the local context.
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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
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This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms - the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings
Criminal procedure (International law) --- Due process of law. --- Evidence, Criminal. --- Fair trial. --- Pre-trial procedure.
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This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.
Defense (International criminal procedure) --- International criminal law. --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Criminal procedure (International law) --- Defense (Criminal procedure) (International law)
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In An Introduction to the Law of International Criminal Tribunals Geert-Jan Alexander Knoops offers an overview of the basic topics in international criminal law (ICL). It discusses main characteristics of International Criminal Tribunals (ICTs), as well as definitions of international crimes. The book will delve into issues of jurisdiction and complementarity, liability principles and specialized defences. Other topics are: due process rights, evidence, trials in absentia and State cooperation. A new chapter is devoted to the geopolitical effects of international criminal prosecutions. The second revised edition includes a chapter on the “new” crime of aggression and is updated with the most recent developments in ICL. The book is essential to everyone becoming familiar with the basic topics and challenges within ICL.
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The starting point of this book is the generally shared observation that in violence-torn areas of limited statehood, the civilian population is often subject to deliberate attacks. This violence often escalates to core crimes such as war crimes, crimes against humanity and even genocide. The International Criminal Court (ICC) could potentially deter such crimes. In order to do so, it largely depends on the cooperation of the states on the territory of which alleged core criminals operate. Since such states are often unwilling or unable to cooperate, the book explores whether the ICC could instead seek assistance from international forces such as UN peace support operations, UN-mandated missions, and belligerent occupants. The book covers, on the one hand, the law and practice of the UN Security Council with regard to mandating international forces to arrest and transfer alleged offenders to the ICC or to other international courts. On the other, it addresses to what extent international forces may or must hand alleged offenders over to the ICC, regardless of such mandates. More precisely, the book examines whether the duties to prosecute genocide, torture, enforced disappearance, grave breaches and other war crimes apply extraterritorially and – if so – whether international forces can discharge these duties by transferring suspects to the ICC. At the same time, the book addresses the limitations to such extraterritorial action: firstly, to what extent the prohibition of the use of force and the principle of territorial sovereignty restrict extraterritorial deprivations of liberty and transfer to the ICC. Secondly, it explores the restrictions and permissions that the law of occupation and other norms of international humanitarian law impose on such apprehensions and transfers. Finally, it discusses how international forces can uphold the right to liberty and security as well as the principle of non-refoulement when they extraterritorially apprehend ICC suspects. This also reflects the book’s relevance with regard to the more general debate on the extraterritorial application of human rights.
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