Suchergebnisse

Calls for the realignment of fairness and the rights of the accused in procedural decision-making in international criminal trialsExamines what the jurisprudence and academic literature mean for legal procedure in practiceWeaves insights from original interviews with international criminal judges and lawyers into the analysisAnalyses primary texts from the ICTY and the ICC, including the statutes, Rules of Procedure and Evidence and RegulationsIncludes case studies on disclosure, the use of adjudicated facts and the protection of witnesses – issues that are integral to the operation of rights in international criminal trialsControversial cases such as the Karadžić trial and the Bemba acquittal have highlighted the importance of fairness in international criminal trials. 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. Rigney 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

The place of Indigenous peoples at the intersection of domestic and international arenas has shifted. While international law was traditionally used by states to oppress Indigenous peoples, today it can be used by Indigenous peoples to hold states to account and to assert specific demands for continued participation in law and politics at a domestic and international level. This shift is evidenced by the transformation of the concept of indigeneity. This was originally a term imposed upon Indigenous peoples by colonial powers, and was used to bind various groups of Indigenous peoples and to account for state action in relation to them. However, in recent years Indigenous peoples have had a significant stake in creating and clarifying the imposed concept and its contemporary use and meaning. This has transformed indigeneity from a tool of oppression to a tool of potentially greater freedom. For those Indigenous peoples searching for and demanding justice, this suggests a necessary starting point at the intersection of the domestic and the international.