Fairness and Rights in International Criminal Procedure
Edinburgh University Press (Verlag)
9781474466301 (ISBN)
Through an in-depth critical analysis of procedural decisions at the ICTY and ICC between 2008 and 2018, Sophie Rigney shows that there is a clear separation between fairness and rights in practice. She demonstrates the various ways that fairness is invoked in international criminal law decisions - ways that are not always consistent, and are frequently at odds with defendants’ rights. She builds a new theoretical framework for understanding the concept and application of fairness and rights in international trials. In this way, she offers new paths for solving the problems currently plaguing those researching, designing, practising, adjudicating and being judged by international criminal law.
Sophie Rigney is a Senior Research Associate with the Indigenous Law Centre at the University of New South Wales.
Introduction: Why Fairness and Rights Matter, and What This Book Sets Out to DoPlacement of This Work in the Existing LiteratureScope and Boundaries of This BookStructure of This Book
1. The Particular Place of International Criminal Trials: Aims and ProcedureThe Aims of International Criminal Law: Variety, Divergence and Promises UnfulfilledThe Aims of the Legal System; The Aims of the Institutions; The Aims of the Trial Processi. Ending Impunityii. Meaningful Voice for Victimsiii. Truth: Legal or Historical?A Forensic Determination of an Individual’s Guilt or Innocence: Calling for a Recalibration of the Aims of International Criminal Trials
2. The Centrality of Rights and Fairness in International Criminal TrialsRights in International Criminal TrialsEquality of Arms‘Rights’ or Interests of OthersWhy Rights?Rights and TruthFairness in International Criminal Trials: Centrality AcceptedWhy the Centrality of Fairness is Important (Or, What Does Fairness Do?)i. Fairness as a Key Interpretive Tool of Trial Chambersii. Fairness as an Epistemic Enableriii. Fairness as a Legitimating Forceiv. Fairness as a Tool to Assist the Trial, Institution and Legal System to Meet Their Aims
3. The incoherence of fairness in international criminal trialsWhat Principles Are Required to Ensure Fairness?To whom is Fairness Owed? The Ascendancy of the ‘Shared Process-Centred Approach’i. Rights-Centred Approachii. Shared Process-Centred Approachiii. The Ascendancy of the ‘Shared Process-Centred Approach’What Legal Protections Are Required to Ensure Fairness? Translating Fairness to a Sui Generis SystemWhat is the Outcome of Fairness’s Incoherence?Fairness and Rights: Central and Related, but also Separable and Separated
4. Fairness, the Rights of the Accused and DisclosureThe Relationship between Disclosure and FairnessThe Relationship between Disclosure and The Rights of the Accusedi. The Right to Know the Caseii. The Right to Time and Facilities to Prepare a Defenceiii. The Principle of Equality of ArmsThree Ways in Which Disclosure, Rights and Fairness are Separated in International Criminal Trialsi. Issue One: The Electronic Nature of Disclosureii. Issue Two: Large Volumes of Material Provided Lateiii. Fairness, Rights and Prejudice in Decision-Makingiv. The Effect of Cumulative ViolationsIssue Three: Non-Disclosure at the ICC: The Role of Victims and the Use of Confidentiality Agreements by Prosecutorsi. Potential Non-Disclosure by Victimsii. Non-Disclosure of Exculpatory Material Held by the ProsecutorThe Fractured Relationship between Disclosure, Rights and Fairness
5. Fairness, The Rights of the accused and Use of Adjudicated FactsAdjudicated Facts in Context: Greater Use of Written EvidenceFairness And the Use of Written Evidence and Adjudicated FactsThe Relationship between the Use of Adjudicated Facts and the Rights of the Accusedi. The Right to Examine Witnessesii. The Right to Time and Facilities to Prepare a Defenceiii. The Principle of Equality of ArmsFour Issues Related to The Use of Adjudicated Factsi. Issue One: The Use of Fairness and Rights to Extend the Application of Adjudicated Factsii. Issue Two: Time and Facilities to Prepare a Defence, and the Shifting of the Evidential Burdeniii. Issue Three: Judicial Reformulation of Adjudicated Factsiv. Issue Four: Fairness and Rights in Late and Inconsistent DecisionsFairness and Rights Disconnected in Adjudicated Facts Decisions
6. Fairness, the Rights of the Accused and the Protection of WitnessesThe Need for ProtectionProtective MeasuresThe Relationship Between Witness Protection and the Rights of the AccusedFairness, Rights and Protection of WitnessesDelayed disclosure and Redactionsi. Delayed Disclosure at the ICTY: The Timing of the Disclosureii. Delayed Disclosure at the ICC: Categories of Protected PersonsWritten Evidence in Place of Oral Testimony
ConclusionsConclusions: Closing the space between Fairness and Rights, and Reimaging the Future of International Criminal LawThemes and Findings of this Book – The Space between the Photocopier and the AcquittalLooking to the FutureReimagination?
BibliographyBooksArticles and Chapters in Edited VolumesThesesTreatiesUnited Nations Security Council ResolutionsInstrumentsJudgmentsProcedural Decisions and Ordersi. International Criminal Tribunal for the Former Yugoslaviaii. International Criminal Courtiii. International Criminal Tribunal for RwandaMotionsi. International Criminal Tribunal for the Former Yugoslaviaii. International Criminal CourtTranscriptsReports, Comments and LettersInternet SourcesInterviews
| Erscheinungsdatum | 11.06.2022 |
|---|---|
| Verlagsort | Edinburgh |
| Sprache | englisch |
| Maße | 156 x 234 mm |
| Themenwelt | Recht / Steuern ► Allgemeines / Lexika |
| Recht / Steuern ► EU / Internationales Recht | |
| ISBN-13 | 9781474466301 / 9781474466301 |
| Zustand | Neuware |
| Informationen gemäß Produktsicherheitsverordnung (GPSR) | |
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