International justice against impunity : progress and new challenges / / Yves Beigbeder.
This volume reviews the achievements and limitations of the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the creation of mixed national/international courts: the Special Court for Sierra Leone and the Cambodia Tribunal. The major, unexpected and promising judiciary inno...
Saved in:
: | |
---|---|
Year of Publication: | 2005 |
Edition: | 1st ed. |
Language: | English |
Physical Description: | 1 online resource (257 p.) |
Notes: | Bibliographic Level Mode of Issuance: Monograph |
Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
Table of Contents:
- Intro
- Title Page
- Copyright Page
- Table of Contents
- FOREWORD
- INTRODUCTION
- The Nuremberg and Tokyo Tribunals
- The Human Rights Regime
- The International Criminal Tribunals for the Former Yugoslavia and Rwanda
- Mixed National/International Tribunals
- The International Criminal Court
- Friends and Foes of the Court
- The International Court of Justice and International Criminal Tribunals
- Notes
- LIST OF ABBREVIATIONS
- LIST OF PRESENTATIONS
- 1 THE WEAKNESSES OF NATIONAL JUSTICE
- Selected Countries and Responsible Leaders
- North Korea: Kim Jong II
- Ethiopia: Mengistu Haile Mariam
- Uganda: Idi Amin Dada Oumee
- Indonesia: Generals Suharto and Wiranto
- Military Regimes in Latin America
- Chile: Augusto Pinochet
- Progress in Argentina
- Progress in Mexico
- Criminal Justice in Democratic Countries
- French amnesties and amnesia
- The US in Vietnam: unwilling military justice
- Justice denied: the Guantanamo detainees
- The position of the International Committee of the Red Cross (ICRC)
- The Third Geneva Convention of 12 August 1949
- Military commissions
- Releases from Guantanamo
- Authorized torture revealed
- The Supreme Court decisions of 28 June 2004
- Assessment
- A Test Case: the Trial of Saddam Hussein
- Conclusion
- Notes
- 2 UNIVERSAL JURISDICTION
- Implementation of the Principle
- Crimes under International Law Subject to Universal Jurisdiction
- War crimes
- Crimes against humanity
- Genocide
- Apartheid
- Torture
- Universal Jurisdiction at the National Level
- Belgium
- Spain
- Canada
- USA
- France
- Universal Jurisdiction: a Flawed Doctrine?
- Conclusion
- Notes
- 3 THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
- Common Traits between the Two Generations of Tribunals
- Differences between the Two Generations of Tribunals.
- The Conflict in the Former Yugoslavia
- Creation of the ICTY
- The objectives of the Tribunal
- Mandate and structure
- Budget and staffing
- The Work of the Tribunal
- A new strategy
- Plea-bargaining
- 'Big fish' before the Tribunal
- Sentencing guidelines
- Cooperation by governments
- Conclusion
- Notes
- 4 THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA
- The Context
- Mandate and Structure
- Budget and staffing
- The removal of Carla del Ponte
- Rwanda's Relations with the Tribunal
- The Tribunal's Performance
- A slow process
- The Tribunal's strategy
- Achievements
- Enforcement of sentences
- National Justice
- The gacaca courts
- Conclusion
- Notes
- 5 MIXED NATIONAL-INTERNATIONAL TRIBUNALS
- Sierra Leone's Special Court
- Historical background
- The creation of an independent Special Court
- The Statute of the Court
- The Court's beginnings
- The Court's decisions in 2004
- Relationship with the Truth and Reconciliation Commission
- Assessment
- The Delayed Trial of the Khmer Rouge Leaders
- Historical background
- The first political trials
- Towards a mixed national-international tribunal
- The Agreement
- Recent developments
- Assessment
- East Timor (now Timor Leste): the Serious Crimes Unit
- Conclusion
- Notes
- 6 THE INTERNATIONAL CRIMINAL COURT
- The Origins
- The Rome Statute
- Status of the Court
- Structure of the Court
- The crimes
- Prosecution
- Limitations of the Court's powers
- Rights of the accused
- Rights of victims and witnesses
- Reparations
- Penalties
- Cooperation with states
- Financing the Court
- Signatures and ratifications
- Amendments and Review of the Statute
- The Preparatory Commission for the ICC
- Building the Court
- The first session of the Assembly of States Parties
- The second session of the Assembly of States Parties.
- The third session of the Assembly of the States Parties
- The First Referrals of Situations
- Uganda
- The Democratic Republic of Congo
- Central African Republic
- Conclusion
- Notes
- 7 FRIENDS AND FOES OF THE INTERNATIONAL CRIMINAL COURT
- Friends of the Court
- Friendly states
- UN organizations and secretariat heads
- European Union
- Parliamentarian groups and other regional organizations
- The International Committee of the Red Cross
- Other non-governmental organizations
- The USA, Russia and China
- The American crusade against the Court
- Bilateral agreements
- Opposition to the Bilateral Agreements
- The Security Council resolutions
- US objections to the ICC - and rebuttal
- Will Russia ratify the Statute?
- China's tacit opposition
- Conclusion
- Notes
- 8 INTERNATIONAL CRIMINAL TRIBUNALS AND THE INTERNATIONAL COURT OF JUSTICE
- Issues in the Tadic Case
- Concurrent Procedures before the ICJ and the International Criminal Tribunals
- The Genocide Convention
- Non-conflictual Issues and Decisions
- Criminal responsibility of senior officials
- The binding force of international tribunals' judgments
- Conclusion
- Notes
- 9 CONCLUSION
- International Justice
- The first generation of international criminal tribunals: Nuremberg and Tokyo
- The second generation: Yugoslavia and Rwanda
- The International Criminal Tribunal for the Former Yugoslavia (lCTY)
- The International Criminal Tribunal for Rwanda (ICTR)
- The mixed national-international tribunals
- The International Criminal Court
- Notes
- SELECT BIBLIOGRAPHY
- INDEX.