Defendants and Victims in International Criminal Justice : Ensuring and Balancing Their Rights.
- 1st ed.
- 1 online resource (282 pages)
Cover -- Half Title -- Title Page -- Copyright Page -- Contents -- Biographies of contributors and editors -- Foreword: Whom to protect? -- 1 Introduction -- 2 The content of internationally recognised human rights under the Rome Statute of the International Criminal Court -- 3 For better or worse: The rights of defendants and victims before the African Court of Justice and Human and Peoples' Rights -- 4 Balancing prejudice: Fair trial rights and international procedural decisions relating to evidence -- 5 UNSC sanctions regimes and the ICC: Arguments against cooperation for arrest and investigative purposes in light of defendants' rights -- 6 The presence of the accused during trial: Bridging the gap between mandatory presence and in absentia trials -- 7 Useful in theory, useless in practice? The right of the defence to challenge the jurisdiction of international criminal courts and tribunals -- 8 The ICTY and the balancing act: Reconciliation as rehabilitation -- 9 The politics of victim participation in the International Criminal Court: Does politically motivated victim participation have an impact on the legitimacy of the proceedings? -- 10 Protecting victims who testify before the ICC: Tensions and balances with the defendants' right to a fair trial -- 11 The legal effect of a reparations order and the rights of those persons subject to it -- 12 Final reflections on defendants and victims in international criminal proceedings -- Index.
This volume considers a variety of key issues pertaining to the rights of defendants and victims at International Criminal Courts (ICTs) and explores how best to balance and enhance the rights of both in order to ensure the effectiveness and efficiency of international criminal proceedings.
9781000037241
International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991.