Human Rights in International Criminal Proceedings - Oxford Monographs in International Law (Hardback)
  • Human Rights in International Criminal Proceedings - Oxford Monographs in International Law (Hardback)
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Human Rights in International Criminal Proceedings - Oxford Monographs in International Law (Hardback)

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£120.00
Hardback 308 Pages / Published: 06/03/2003
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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 analyzes 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. The study 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 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). Second, (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 evidence that might exonerate the accused. Third, 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.

Publisher: Oxford University Press
ISBN: 9780199258918
Number of pages: 308
Weight: 589 g
Dimensions: 242 x 163 x 22 mm


MEDIA REVIEWS
Human Rights in International Criminal Proceedings is a remarkable enquiry into the progressive consolidation of due process rights before international courts and tribunals. The author's analysis is at the same time wide-ranging and detailed. Contemporary issues are systematically put in historical perspective through a series of vivid sketches of the law and practice of the postwar international military tribunals. * Leiden Journal of International Law *
The bulk of the book - note, however, that the author's concise style prevented the book from being bulky - is devoted to a fairly in-depth analysis of the jurisprudence of the International Criminal Tribunals for the former Yugoslavia (ICTY) and for the Rwanda (ICTR). Each chapter or section ends with comments on the relevant parts of the Statute of the International Criminal Court (ICC). * Leiden Journal of International Law *
Zappala's monograph is above all an intelligently conceived, evenly structured book. It invites the reader to join the author on a smooth journey through the various stages of international criminal proceedings, contains valuable insights on the dynamics of the international criminal justice systems, and is not unforthcoming with practical suggestions for improvement...I am suggesting the reading of Zappala's book to all those who are interested in international law and have not yet read it.. * Leiden Journal of International Law *

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