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The prosecution plays a crucial part in any international war crimes trial, but its role is rarely analysed. This book will assess the work of the prosecutor in a dozen international criminal courts and tribunals, setting out the applicable rules and analysing his or her independence, accountability, and political impact.
International criminal courts --- Prosecution (International law) --- History --- International law --- Criminal courts --- International courts --- Complementarity (International law)
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International criminal courts --- Prosecution (International law) --- International law --- Criminal courts --- International courts --- Complementarity (International law) --- History
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Law of armed conflicts. Humanitarian law --- United States --- International criminal courts --- Criminal courts --- International courts --- Complementarity (International law) --- United States of America --- Tribunaux criminels internationaux --- Cour pénale internationale --- Droit international pénal --- Etats-Unis --- Relations extérieures
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As international criminal courts and tribunals have proliferated and international criminal law is increasingly seen as a key tool for bringing the world's worst perpetrators to account, the controversies surrounding the international trials of war criminals have grown. War crimes tribunals have to deal with accusations of victor's justice, bad prosecutorial policy and case management, and of jeopardizing fragile peace in post-conflict situations. In this exceptional book, one ofthe leading writers in the field of international criminal law explores these controversial issues in a manner that
War crimes. --- International criminal law. --- International criminal courts. --- Crime --- Criminal courts --- International courts --- Complementarity (International law) --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes
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As international criminal courts and tribunals have proliferated and international criminal law is increasingly seen as a key tool for bringing the world's worst perpetrators to account, the controversies surrounding the international trials of war criminals have grown. War crimes tribunals have to deal with accusations of victors' justice, bad prosecutorial policy and case management, and of jeopardizing fragile peace in post-conflict situations. This book explores these controversial issues in a manner that is accessible both to lawyers and to general readers.
War crimes --- International criminal law --- International criminal courts --- Tribunaux criminels internationaux --- Crimes de guerre --- Procès --- Crimes de guerreProcès --- Tribunaux criminels internationaux. --- Procès. --- Crime --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Criminal courts --- International courts --- Complementarity (International law)
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At various times in modern history, the international community has turned to international litigation as a hoped-for means of avoiding, ending, or dealing with the consequences of armed conflict; but until the past three decades, such litigation rarely had a significant impact. However, since the 1980's, international civil tribunals have become increasingly involved in armed conflicts, sometimes with important results. This book explores the recent cases in which the International Court of Justice and other tribunals have dealt with such situations. It assesses the manner in which these cases have been decided, the degree to which they have affected the resolution of the conflicts in question, and their contribution to the development of the applicable substantive law.
International criminal courts --- International criminal courts. --- War (International law) --- Law. --- POLITICAL SCIENCE / Political Freedom & Security / International Security. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Criminal courts --- International courts --- Complementarity (International law) --- International courts. --- Hostilities --- International law --- Neutrality --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law)
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In recent years a number of criminal tribunals have been established to investigate, prosecute and try individuals accused of serious violations of international humanitarian law and international human rights law. These tribunals have been described as 'hybrid' or 'internationalised' tribunals as their structure and applicable law consist of both international and national elements. Six such tribunals are currently in operation: the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the International Judges and Prosecutors Programme in Kosovo, the War Crimes Chamber for Bosnia and Herzegovina, the Iraqi High Tribunal and the Special Tribunal for Lebanon. The Special Panels for Serious Crimes in East Timor suspended operation in May 2005, although there continues to be some international involvement in investigation and prosecution of serious crimes. Suggestions have also been made that this model of tribunal would be appropriate for the prosecution of atrocities committed in, among others, Burundi, the Sudan, the Democratic Republic of Congo, Kenya and Liberia, as well as for a wider range of international crimes, most recently piracy. The key aims of this book are: to place the model of hybrid and internationalised tribunals in the context of other mechanisms to try international crimes; to examine the increasing demand for the establishment of hybrid and internationalised judicial institutions and the factors driving such demand; to define the category of 'hybrid and internationalised tribunals' by examining the key features of the existing and proposed hybrid or internationalised tribunals, as well as the features of those institutions with international elements that are generally excluded from this category; to determine the legal and jurisdictional bases of existing hybrid and internationalised tribunals; to analyse how the legal and jurisdictional basis of a tribunal affects other issues, such as the applicable law, the application of amnesties and immunities and the relationship of the tribunal with the host state, third states, national courts and other international criminal tribunals. The book concentrates on the definitional, legal and jurisdictional aspects of hybrid and internationalised criminal tribunals as this has been the subject of some confusion in arguments before the tribunals and in the judgments of the tribunals. In its concluding section, the book examines the future role of internationalised and hybrid criminal tribunals, particularly in light of the establishment of the ICC, and the potential use of such tribunals in other contexts. It also assesses how hybrid and internationalised tribunals fit into a 'multi-layered framework' of international criminal law and transitional justice
International criminal courts. --- Criminal courts --- International courts --- Complementarity (International law) --- Hybrid international criminal courts --- International criminal courts --- Trials (Crimes against humanity) --- Crimes against humanity --- War crime trials --- Hybrid criminal courts, International --- Internationalized criminal courts --- Mixed criminal courts, International --- Mixed international criminal courts --- E-books --- Hybrid international criminal courts. --- Criminal jurisdiction. --- International criminal law. --- International Criminal Court. --- Criminal jurisdiction --- International criminal law --- International Criminal Court
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This book is the first comprehensive analysis of the politics of war crimes trials. It provides a systematic and theoretically rigorous examination of whether these trials are used as tools for political consolidation or whether justice is their primary purpose. The consideration of cases begins with the trial of Charles I of England and goes through the presidency of George W. Bush, including the trials of Saddam Hussein and those arising from the War on Terror. The book concludes that political consolidation is the primary concern of these trials - a point that runs contrary to the popular perception of the trials and their stated justification. Through the consideration of war crimes trials, this book makes a contribution to our understanding of power and conflict resolution and illuminates the developmental path of war crimes tribunals.
War crime trials --- International criminal courts. --- Criminal courts --- International courts --- Complementarity (International law) --- Trials (War crimes) --- Trials (Crimes against humanity) --- Trials (Genocide) --- Trials --- History. --- Charles --- Bush, George W. --- Bush, George, --- Bush, Geo, --- Bush, Dzhordzh Uoker, --- Bush, Dzh. U. --- Bush, Dzh. --- Bush, --- Bushi, Qiaozhi W., --- Bush, Zhorzh, --- Arbusto, Jorge W., --- Bush, Xhorxh W., --- Charles Ier, roi d'Angleterre --- Law --- General and Others
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This detailed evaluation of the relationship between trials and truth commissions challenges their assumed compatibility through an analysis of their operational features at national, inter-state and international levels. Alison Bisset conducts case-study analyses of national practice in South Africa, East Timor and Sierra Leone, evaluates the problems posed by the International Criminal Court and considers the challenges presented by the possibility of bystander state prosecutions. At each level, she highlights potential operational conflicts and formulates targeted proposals to enable effective coexistence.
International criminal courts. --- Jurisdiction (International law) --- Transitional justice. --- Truth commissions. --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts --- Criminal courts --- Complementarity (International law) --- Commissions, Truth --- Reconciliation commissions --- Governmental investigations --- Human rights --- Justice --- International criminal courts --- Truth commissions --- Transitional justice --- Law --- General and Others
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The Special Court for Sierra Leone was established through signature of a bilateral treaty between the United Nations and the Government of Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. The tribunal has tried various persons, including former Liberian President Charles Ghankay Taylor, for allegedly bearing 'greatest responsibility' for serious violations of international humanitarian law committed during the latter half of the Sierra Leonean armed conflict. This volume, which consists of two books and a DVD and is edited by two legal experts on the Sierra Leone court, presents, for the first time in a single place, a comprehensive collection of all the interlocutory decisions and final trial and appeals judgments issued by the court in the case Prosecutor volume Brima, Kamara and Kanu. It contains the full text of all substantive judicial decisions, including the majority, separate and concurring as well as dissenting opinions. It additionally provides relevant information for a better understanding of the case, such as the indictments, a list of admitted exhibits and a list of documents on the case file. The book, which is only the first in a series of edited law reports that will capture the entire jurisprudential legacy of the tribunal, fills the gap for a single and authoritative reference source of the tribunal’s jurisprudence. It is intended for national and international judges, lawyers, academics, students and other researchers as well as transitional justice practitioners in courts, tribunals and truth commissions as well as anyone seeking an accurate record of the trials conducted by the Special Court for Sierra Leone. N.B.: The hardback copy of this title contains a DVD with documents. The e-book version does not.
International criminal law --- International criminal courts --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Criminal courts --- International courts --- Complementarity (International law) --- Special Court for Sierra Leone. --- Sierra Leone. --- Sierra Leone Special Court --- Tribunal pénal spécial sierra-léonais --- T.P.S.S.L. --- TPSSL --- United Nations. --- Sierra Leone Tribunal --- Special Court of Sierra Leone --- SCSL (Special Court for Sierra Leone)
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