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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Стр. 3
... treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on ... treaty. In times of war or national emergency, states can derogate from these obligations, but not in respect of ...
... treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on ... treaty. In times of war or national emergency, states can derogate from these obligations, but not in respect of ...
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... treaties place an obligation on states to suppress violations and provide a remedy to victims. In many cases this will mean the obligation to prosecute those responsible for such acts. The existence of a universal jurisdiction in ...
... treaties place an obligation on states to suppress violations and provide a remedy to victims. In many cases this will mean the obligation to prosecute those responsible for such acts. The existence of a universal jurisdiction in ...
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... treaty a universal jurisdiction to enable states to suppress the specified crimes, giving rise to an obligation aut ... treaties have been agreed aiming at particular crimes of a trans-national character whose suppression requires ...
... treaty a universal jurisdiction to enable states to suppress the specified crimes, giving rise to an obligation aut ... treaties have been agreed aiming at particular crimes of a trans-national character whose suppression requires ...
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... treaty-based commitment to universal jurisdiction. In Eichmann it had been established that there existed a permissive universal jurisdiction over crimes against humanity, but never before had a domestic court refused a claim of ...
... treaty-based commitment to universal jurisdiction. In Eichmann it had been established that there existed a permissive universal jurisdiction over crimes against humanity, but never before had a domestic court refused a claim of ...
Стр. 10
... Treaty-making, national security and the conduct of foreign relations generally are all areas not amenable to judicial review. But the expansion of international treaty law, and the multiplication of cases in which domestic courts are ...
... Treaty-making, national security and the conduct of foreign relations generally are all areas not amenable to judicial review. But the expansion of international treaty law, and the multiplication of cases in which domestic courts are ...
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