Human Rights in International Criminal Proceedings by Salvatore Zappal? (English

The Nile on eBay   Human Rights in International Criminal Proceedings by Salvatore Zappalà

Deals with the protection of human rights in international criminal proceedings. This book assumes that human rights are the yardstick against which to measure the conformity of international criminal proceedings with the rule of law and fundamental principles of justice.

FORMATPaperback LANGUAGEEnglish CONDITIONBrand New Publisher Description

This book takes a procedural approach to human rights guarantees in international criminal proceedings and covers both the systems of the ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court. It analyses the rights conferred on individuals involved in international criminal trials from the commencement of investigations to the sentencing stage, as well as the procedural rights of victims and witnesses. Thestudy focuses on problems which have emerged in three main areas: (i) length of proceedings; (ii) absence of specific sanctions and other remedies for violation of procedural rules; (iii) the need tostrengthen the protection of the accused from undue interference with his rights (likely to be caused by a variety of factors, such as conflicting governmental interests, the presence of malicious witnesses, or inadequate legal assistance). Three general suggestions are made to reduce the impact of these weaknesses. First, it could be helpful to adopt specific sanctions for violation of procedural rules (such as, the exclusion of evidence as a remedy for violations of rules on discovery).Secondly, (as has already been provided for in the ICC Statute,) the Prosecutor of the ad hoc Tribunals should play a proactive role in the search for the truth by, among other things, gathering evidencethat might exonerate the accused. Thirdly, the right of compensation for unlawful arrest (or detention) and unjust conviction, provided for in the ICC Statute, should be extended to other serious violations of fundamental rights and, in addition, should be laid down in the Statutes of the ICTY and ICTR.

Author Biography

Salvatore Zappalà is Professor of international law at the University of Florence.

Table of Contents

Chapter 1 INTRODUCTIONA HUMAN RIGHTS APPROACH TO INTERNATIONAL CRIMINAL JUSTICETHE EXTENSION OF THE NOTION OF FAIR TRIAL TO INTERNATIONAL CRIMINAL PROCEEDINGSWHAT TYPE OF RELATIONSHIP EXISTS BETWEEN HUMAN RIGHTS MONITORING SYSTEMS AND INTERNATIONAL CRIMINAL COURTS?ACCUSATORIAL AND INQUISITORIAL MODELS IN INTERNATIONAL CRIMINAL PROCEDURE - TO WHAT EXTENT DO THEY IMPINGE UPON THE RIGHTS OF INDIVIDUALS?Chapter 2 THE RIGHTS OF PERSONS DURING INVESTIGATIONSTHE INITIATION OF INVESTIGATIONS AND THE POWERS OF THE INVESTIGATIVE AUTHORITYTHE RIGHTS OF SUSPECTS IN INTERNATIONAL CRIMINAL PROCEEDINGSChapter 3 THE RIGHTS OF THE ACCUSED IN TRIAL PROCEEDINGSTHE PRESUMPTION OF INNOCENCETHE RIGHT TO BE JUDGED BY AN INDEPENDENT AND IMPARTIAL TRIBUNALTHE RIGHT TO A FAIR AND EXPEDITIOUS TRIALRULES OF EVIDENCE AND RIGHTS OF THE ACCUSED - SOME PROBLEMATICAL ISSUESChapter 4 THE RIGHT OF THE ACCUSED TO APPEAL AND REVISIONGENERAL - THE RIGHTS OF APPEAL AND REVISION AS A MEANS FOR OBTAINING REDRESS (JUDICIAL AND NON-JUDICIAL REMEDIESTHE RIGHT OF THE ACCUSED TO APPEAL: FROM NUREMBERG AND TOKYO TO THE AD HOC TRIBUNALS AND THE ICCTHE RIGHT OF CONVICTED PERSONS TO REVIEWCONCLUDING REMARKSChapter 5 PENALTIES, ENFORCEMENT MECHANISMS AND THE RIGHTS OF CONVICTED PERSONSTHE MAJOR GOALS OF INTERNATIONAL PENALTIES AND THE LEGAL EXPECTATIONS OF CONVICTED PERSONSTHE ENFORCEMENT MECHANISMS AND THE RIGHTS OF SENTENCED PERSONSChapter 6 THE POSITION OF PERSONS OTHER THAN THE ACCUSEDVICTIMSWITNESSESChapter 7 CONCLUDING REMARKSTHE CENTRAL ROLE OF HUMAN RIGHTS IN INTERNATIONAL TRIALS: FROM NUREMBERG TO ROMETHE PROBLEM OF PROCEDURAL MODELS: THE NEED FOR A PRINCIPLED APPROACH TO INTERNATIONAL CRIMINAL PROCEDURERESPECT FOR HUMAN RIGHTS IN INTERNATIONAL TRIALS: A FEW OUTSTANDING PROBLEMSGENERAL SUGGESTIONS FOR IMPROVING HUMAN RIGHTS PROTECTION IN INTERNATIONAL CRIMINAL PROCEEDINGS

Review

This study is an ambitious one, which is detailed in its research and covers a broad range of often complex issues well...A valuable addition to scholarship in this area...This well researched historical piece makes an interesting argument and contributes to Nuremberg scholarship from the legal perspective because of its detailed and constructive criticism of the results.`'the interests of the accused and the rights of defence are a primary concern ... in the jurisprudence of the ad hoc Tribunals brilliantly analysed ... by Salvatore Zappala''Prof. G. Abi-Saab, Journal of International Criminal Justice 2003 at 596.

Promotional

An exhaustive guide to human rights issues in international criminal proceedings

Long Description

This book takes a procedural approach to human rights guarantees in international criminal proceedings and covers both the systems of the ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court. It analyses the rights conferred on individuals involved in international criminal trials from the commencement of investigations to the sentencing stage, as well as the procedural rights of victims and witnesses. Thestudy focuses on problems which have emerged in three main areas: (i) length of proceedings; (ii) absence of specific sanctions and other remedies for violation of procedural rules; (iii) the need to strengthen the protection of the accused from undue interference with his rights (likely to be causedby a variety of factors, such as conflicting governmental interests, the presence of malicious witnesses, or inadequate legal assistance). Three general suggestions are made to reduce the impact of these weaknesses. First, it could be helpful to adopt specific sanctions for violation of procedural rules (such as, the exclusion of evidence as a remedy for violations of rules on discovery). Secondly, (as has already been provided for in the ICC Statute,) the Prosecutor of the ad hoc Tribunalsshould play a proactive role in the search for the truth by, among other things, gathering evidence that might exonerate the accused. Thirdly, the right of compensation for unlawful arrest (or detention) and unjust conviction, provided for in the ICC Statute, should be extended to other seriousviolations of fundamental rights and, in addition, should be laid down in the Statutes of the ICTY and ICTR.

Review Text

This study is an ambitious one, which is detailed in its research and covers a broad range of often complex issues well...A valuable addition to scholarship in this area...This well researched historical piece makes an interesting argument and contributes to Nuremberg scholarship from the legal perspective because of its detailed and constructive criticism of the results.`'the interests of the accused and the rights of defence are a primary concern ... in the jurisprudence of the ad hoc Tribunals brilliantly analysed ... by Salvatore Zappala''Prof. G. Abi-Saab, Journal of International Criminal Justice 2003 at 596.

Review Quote

This study is an ambitious one, which is detailed in its research and covers a broad range of often complex issues well...A valuable addition to scholarship in this area...This well researched historical piece makes an interesting argument and contributes to Nuremberg scholarship from thelegal perspective because of its detailed and constructive criticism of the results.

Promotional "Headline"

Chapter 1 INTRODUCTION A HUMAN RIGHTS APPROACH TO INTERNATIONAL CRIMINAL JUSTICE THE EXTENSION OF THE NOTION OF FAIR TRIAL TO INTERNATIONAL CRIMINAL PROCEEDINGS WHAT TYPE OF RELATIONSHIP EXISTS BETWEEN HUMAN RIGHTS MONITORING SYSTEMS AND INTERNATIONAL CRIMINAL COURTS? ACCUSATORIAL AND INQUISITORIAL MODELS IN INTERNATIONAL CRIMINAL PROCEDURE - TO WHAT EXTENT DO THEY IMPINGE UPON THE RIGHTS OF INDIVIDUALS? Chapter 2 THE RIGHTS OF PERSONS DURING INVESTIGATIONS THE INITIATION OF INVESTIGATIONS AND THE POWERS OF THE INVESTIGATIVE AUTHORITY THE RIGHTS OF SUSPECTS IN INTERNATIONAL CRIMINAL PROCEEDINGS Chapter 3 THE RIGHTS OF THE ACCUSED IN TRIAL PROCEEDINGS THE PRESUMPTION OF INNOCENCE THE RIGHT TO BE JUDGED BY AN INDEPENDENT AND IMPARTIAL TRIBUNAL THE RIGHT TO A FAIR AND EXPEDITIOUS TRIAL RULES OF EVIDENCE AND RIGHTS OF THE ACCUSED - SOME PROBLEMATICAL ISSUES Chapter 4 THE RIGHT OF THE ACCUSED TO APPEAL AND REVISION GENERAL - THE RIGHTS OF APPEAL AND REVISION AS A MEANS FOR OBTAINING REDRESS (JUDICIAL AND NON-JUDICIAL REMEDIES THE RIGHT OF THE ACCUSED TO APPEAL: FROM NUREMBERG AND TOKYO TO THE AD HOC TRIBUNALS AND THE ICC THE RIGHT OF CONVICTED PERSONS TO REVIEW CONCLUDING REMARKS Chapter 5 PENALTIES, ENFORCEMENT MECHANISMS AND THE RIGHTS OF CONVICTED PERSONS THE MAJOR GOALS OF INTERNATIONAL PENALTIES AND THE LEGAL EXPECTATIONS OF CONVICTED PERSONS THE ENFORCEMENT MECHANISMS AND THE RIGHTS OF SENTENCED PERSONS Chapter 6 THE POSITION OF PERSONS OTHER THAN THE ACCUSED VICTIMS WITNESSES Chapter 7 CONCLUDING REMARKS THE CENTRAL ROLE OF HUMAN RIGHTS IN INTERNATIONAL TRIALS: FROM NUREMBERG TO ROME THE PROBLEM OF PROCEDURAL MODELS: THE NEED FOR A PRINCIPLED APPROACH TO INTERNATIONAL CRIMINAL PROCEDURE RESPECT FOR HUMAN RIGHTS IN INTERNATIONAL TRIALS: A FEW OUTSTANDING PROBLEMS GENERAL SUGGESTIONS FOR IMPROVING HUMAN RIGHTS PROTECTION IN INTERNATIONAL CRIMINAL PROCEEDINGS

Feature

An exhaustive guide to human rights issues in international criminal proceedingsFrom Nuremberg to the International Criminal Court - an exploration of whether there has been any progress in the protection of the right to a fair trialA unique view of the international criminal process through the lens of human rights

Details ISBN0199280932 Short Title HUMAN RIGHTS IN INTL CRIMINAL Series Oxford Monographs in International Law Language English ISBN-10 0199280932 ISBN-13 9780199280933 Media Book Format Paperback Year 2005 Imprint Oxford University Press Place of Publication Oxford Country of Publication United Kingdom Illustrations black & white illustrations DOI 10.1604/9780199280933 UK Release Date 2005-01-27 AU Release Date 2005-01-27 NZ Release Date 2005-01-27 Illustrator Qu Lan Edited by John Honek Birth 1927 Death 1851 Affiliation Senior Lecturer, University of Sydney Position Senior Lecturer Qualifications PhD Pages 312 Publisher Oxford University Press Publication Date 2005-01-27 Alternative 9780199258918 DEWEY 341.481 Audience Professional & Vocational Author Salvatore Zappalà We've got this

At The Nile, if you're looking for it, we've got it.With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love!

TheNile_Item_ID:53301698;