Suchergebnisse

International criminal courts and tribunals (ICTs) often refer to jurisprudence from other ICTs when reaching a decision. This can help increase the legitimacy of their decision-making. This article focuses on the International Criminal Court (ICC) and examines when the ICC may refer to the decisions from other courts; when it in fact does so; when it has chosen to deviate from the decisions of other ICTs; and how this has affected the legitimacy of its decisions. The ICC has generally been mindful in its approach towards referring to jurisprudence from other ICTs, but has not been afraid to deviate from it on occasion in decisions concerning both substantive and procedural law. The article argues that where possible the Court should interpret the law in line with other ICTs' decisions. This will help increase the legitimacy both of the Court's own decisions and the field of ICL as a whole.

"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. The rights of victims are becoming an increasingly important issue at ICTs. Yet, at the same time, this has to be achieved without having a detrimental impact upon on the rights of the defence and the efficiency of the courts. This book provides analyses of issues on the rights of both the accused and the victims. By discussing matters concerning these two pivotal actors in international criminal justice within the same volume, the work highlights that there are intrinsic and intense conflicting and converging relationships between victims and the accused, particularly in terms of their rights. While most of the chapters focus mainly on either the accused or the victims, others discuss both at the same time. The work strikes a fine balance between, on the one hand, classic topics on the rights of the accused and the rights of the victims and, on the other, topics which have been largely unexplored and/or which require new angles or perspectives. Additionally, there are some chapters which approach both the rights of the accused and the rights of the victims in new contexts and/or under novel perspectives. The book as a whole provides a discussion of the two sides of this important coin of international criminal justice"--

The future of the international Criminal Court. On critique, legalism, and strengthening the ICC's legitimacy / Marieke de Hoon -- Searching for deterrence at the International Criminal Court / Geoff Dancy -- The symbolic economy of international criminal justice : shaping the discourse of a new field of law / Mikkel Jarle Christensen -- Strengthening the effectiveness of international criminal law through the principle of legality / Joanna Nicholson -- Enhancing the effectiveness of the law of genocide / Carola Lingaas -- From Nuremberg to Malabo : a re-evaluation of the tradition of impunity of economic actors in international criminal law / Franziska Oehm -- Strengthening the evaluation of evidence in international criminal trials / Yvonne McDermott -- The significance of institutional culture in enhancing the validity of international criminal tribunals / Hemi Mistry -- The management of third-party amicus participation before International Criminal Tribunals : juggling efficiency and legitimacy / Avidan Kent and Jamie Trinidad -- The International Criminal Court and the Security Council : the power of politics and the undermining of justice / Kirsten Bowman -- Do too many cooks spoil the broth? A proposal for a joint strategy between the office of the prosecutor and the Inter-American Commission on Human Rights / Marialejandra Moreno Mantilla -- Africa and the legitimacy of the ICC in question / Mandiaye Niang -- African states and international criminal law : rethinking the narrative and contextualising the discourse / Dorothy Makaza -- Trying Hissene Habre 'on behalf of Africa' : remaking hybrid international criminal justice at the Chambres africaines extraordinaires / Kerstin Bree Carlson

With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.