Justice for Crimes Against HumanityMark Lattimer, Philippe Sands Bloomsbury Publishing, 27 нояб. 2003 г. - Всего страниц: 528 The aim of this book is to assess recent developments in international law seeking to bring an end to impunity by bringing to justice those accused of war crimes and crimes against humanity. The book was originally conceived while the editors were engaged, in different capacities, in proceedings relating to the detention of Senator Pinochet in London. The vigorous public debate that attended that case - and related developments in international criminal justice, such as the creation of the International Criminal Court and the trial of former President Milosevic - demonstrate the close connections between the law and wider political or moral questions. In the field of international criminal justice there appeared, therefore, a clear need to distinguish legal from essentially political issues - promoting the application of the law in an impartial and apolitical manner - while at the same time enabling each to legitimately inform the development of the other. The essays in this volume, written by internationally recognised legal experts: scholars, practitioners, judges - explore a wide range of subjects, including immunities, justice in international and mixed courts, justice in national courts, and in a particularly practical section, perspectives offered by experienced practitioners in the field. "This is a welcome collection of papers on criminal justice both at the international and the national level...a book which fills many gaps and adds considerable value by discussing wider policy and moral issues; it is to be recommended to all who are interested in the development of international criminal justice." Elizabeth Wilmshurst, International Affairs |
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... articles dealing with immunity. Article 29 provides that '(t)he person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. . . '; in other words, the diplomatic agent, to which the head ...
... articles dealing with immunity. Article 29 provides that '(t)he person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. . . '; in other words, the diplomatic agent, to which the head ...
Стр. 86
... Article 6 of the Statute of the Tokyo Tribunal reads: Neither the position, at any time, of an accused, nor the fact that an accused acted pursuant to order of his government or a superior shall, of itself, be sufficient to free such ...
... Article 6 of the Statute of the Tokyo Tribunal reads: Neither the position, at any time, of an accused, nor the fact that an accused acted pursuant to order of his government or a superior shall, of itself, be sufficient to free such ...
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... Article 26 of the French Constitution of 4 October 1958: No member of Parliament may be prosecuted, sought out, arrested, held in custody or tried on account of opinions expressed or votes cast by him in the exercise of his functions ...
... Article 26 of the French Constitution of 4 October 1958: No member of Parliament may be prosecuted, sought out, arrested, held in custody or tried on account of opinions expressed or votes cast by him in the exercise of his functions ...
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... article in the Constitution, Article 53-2, after which the ICC Statute was ratified. Other developments have recently occurred, as far as the immunities of the head of state are concerned. A debate arose on the issue of what happens ...
... article in the Constitution, Article 53-2, after which the ICC Statute was ratified. Other developments have recently occurred, as far as the immunities of the head of state are concerned. A debate arose on the issue of what happens ...
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Содержание
1 | |
29 | |
Justice in International and Mixed Law Courts | 143 |
Justice in National Courts | 235 |
Perspectives from Practitioners | 331 |
Conclusion | 383 |
Appendices | 415 |
Select Bibliography | 493 |
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accepted accordance accused action acts adopted alleged Amnesty Appeals application arrest Article assistance authorities basis Chamber charges civil claims Commission committed Committee common concerned conduct considered constitute Convention convicted Council countries crimes against humanity decision defendants determination developments domestic effect enforcement established evidence example exercise existence extradition fact force foreign former functions genocide head human rights ICTY immunity individual International Criminal International Criminal Court international law involved issue judges judgment judicial justice legislation limited Lords majority matter means measures military Minister obligation offences official paragraph Parties person Pinochet political practice present President principle Procedure proceedings prosecution Prosecutor protection punish question reasons referred regard relation Report request respect responsibility rule Security sentence serious Statute territory tion Tort torture treaty trial Tribunal United United Nations universal jurisdiction victims violations witnesses World