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International Criminal Justice at the Yugoslav Tribunal: A Judge's Recollection

Mohamed Shahabuddeen

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199670826
eISBN:
9780191751523
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670826.001.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International ... More


Challenging International Criminal Tribunals Before Domestic Courts

Jean d'Aspremont and Catherine Brölmann

in Challenging Acts of International Organizations Before National Courts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199595297
eISBN:
9780191595752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595297.003.0005
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter demonstrates that in the field of international criminal law decisions of international courts and tribunals have recurrently been challenged before national courts. Since most ... More


Limiting the use of force: the ICTY, ICTR and ICC

Matt Killingsworth

in Violence and the State

Published in print:
2015
Published Online:
May 2016
ISBN:
9780719097027
eISBN:
9781526103987
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719097027.003.0009
Subject:
Political Science, International Relations and Politics

The chapter challenges the idea that the ad hoc Tribunals and the ICC represent the ‘“progressive cosmopolitanisation” of international law’. Two interrelated arguments are made: first, the extended ... More


‘Best Before Date Shown’: Residual Mechanisms at the ICTY

Guido Acquaviva

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199573417
eISBN:
9780191728822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573417.003.0018
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter outlines some of the issues raised by the topic of ‘residual mechanisms’ in the context of the closing down of the ICTY. Starting from a general introduction of the unique features of ... More


The Limits of the Criminal Law

Augustine Brannigan

in Beyond the Banality of Evil: Criminology and Genocide

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199674626
eISBN:
9780191766893
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199674626.003.0007
Subject:
Law, Criminal Law and Criminology

The hallmark of the liberal legalist approach to genocide has been criminal prosecution of individuals for their personal participation. Evidence suggests that this legal forum, derived from the ... More


The Development of US Foreign Policy on Transitional Justice

Annie R. Bird

in US Foreign Policy on Transitional Justice

Published in print:
2015
Published Online:
March 2015
ISBN:
9780199338412
eISBN:
9780190236588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199338412.003.0003
Subject:
Political Science, International Relations and Politics

Chapter 2 provides a historical overview of the development of US foreign policy on transitional justice from World War I to the 2010s. It focuses on four influential war crimes tribunals—Nuremberg, ... More


Problems Regarding Persecution, Instigation, and Ordering

Gregory S. Gordon

in Atrocity Speech Law: Foundation, Fragmentation, Fruition

Published in print:
2017
Published Online:
May 2017
ISBN:
9780190612689
eISBN:
9780190612719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190612689.003.0007
Subject:
Law, Criminal Law and Criminology, Public International Law

Chapter 6 explains that offence of hate speech as crime against humanity-persecution (CAH-persecution) is fragmented as the ICTR concluded that non-advocacy hate speech deprives the target group of ... More


The Liability Gap in Reference to Hate Speech and War Crimes

Gregory S. Gordon

in Atrocity Speech Law: Foundation, Fragmentation, Fruition

Published in print:
2017
Published Online:
May 2017
ISBN:
9780190612689
eISBN:
9780190612719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190612689.003.0008
Subject:
Law, Criminal Law and Criminology, Public International Law

If the hate speech–core crime relationship is plagued by internal incoherence with respect to incitement to genocide and instigation and institutional incompatibility as concerns persecution, the ... More


Courts in Conflict: Interpreting the Layers of Justice in Post-Genocide Rwanda

Nicola Palmer

Published in print:
2015
Published Online:
April 2015
ISBN:
9780199398195
eISBN:
9780199398218
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199398195.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

The rise of international criminal trials has been accompanied by a call for domestic responses to extraordinary violence. Yet there is remarkably limited research on the interactions among local, ... More


Nuremberg’s Legacy: The UN Tribunals for Yugoslavia and Rwanda and the International Criminal Court

Michael Bazyler

in Holocaust, Genocide, and the Law: A Quest for Justice in a Post-Holocaust World

Published in print:
2017
Published Online:
November 2016
ISBN:
9780195395693
eISBN:
9780199362912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195395693.003.0009
Subject:
Law, Human Rights and Immigration, Legal History

The Cold War brought the Nuremberg prosecutions to a premature end. It also no longer seemed possible to create an international penal court to adjudge those individuals, including heads of state, ... More


Introduction

Yvonne McDermott

in Fairness in International Criminal Trials

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198739814
eISBN:
9780191802782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739814.003.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter provides some context on fairness in international criminal trials. It discusses the establishment of the international criminal tribunals and the growth of international criminal ... More


Conclusion

Kim Christian Priemel

in The Betrayal: The Nuremberg Trials and German Divergence

Published in print:
2016
Published Online:
October 2016
ISBN:
9780199669752
eISBN:
9780191801020
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199669752.003.0010
Subject:
History, World Modern History, Cultural History

This chapter sums up how the historical interpretation of German divergence from the West underpinned the Nuremberg trials, how it was presented in court, and to what effects, but also at what costs ... More


The Legal Personality of Individuals in International Criminal Law

Astrid Kjeldgaard-Pedersen

in The International Legal Personality of the Individual

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198820376
eISBN:
9780191860294
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198820376.003.0006
Subject:
Law, Public International Law

No one seriously disputes that the individual is a subject of international criminal law. But it is much less certain whether international crimes a priori entail individual responsibility, which ... More


Crimes contre l’humanité

Robert Kolb

in The Global Community Yearbook of International Law and Jurisprudence 2014: Volume I

Published in print:
2015
Published Online:
October 2015
ISBN:
9780190270513
eISBN:
9780190271909
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190270513.003.0007
Subject:
Law, Public International Law

This chapter presents the salient traits of the crimes against humanity and genocide, and deepens some more controversial issues, such as the definition of the civilian population. It focuses on the ... More


Introduction

James E K Parker

in Acoustic Jurisprudence: Listening to the Trial of Simon Bikindi

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198735809
eISBN:
9780191799778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735809.003.0001
Subject:
Law, Public International Law, Philosophy of Law

This chapter introduces the Bikindi case along with the book’s main argument. It suggests that questions of sound and listening have been seriously neglected in contemporary legal scholarship and ... More


Listening to the Trial of Simon Bikindi

James E K Parker

in Acoustic Jurisprudence: Listening to the Trial of Simon Bikindi

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198735809
eISBN:
9780191799778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735809.003.0003
Subject:
Law, Public International Law, Philosophy of Law

This chapter introduces the Bikindi case in detail, along with some necessary context. Having offered a brief overview of the Rwandan genocide, it summarizes the history and structure of the ... More


The Musicology of Judgment

James E K Parker

in Acoustic Jurisprudence: Listening to the Trial of Simon Bikindi

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198735809
eISBN:
9780191799778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735809.003.0004
Subject:
Law, Public International Law, Philosophy of Law

This chapter considers how Bikindi’s songs were understood by the International Criminal Tribunal for Rwanda (ICTR) on the way to judgment. It begins with the initial presentation of Bikindi and his ... More


A Musical Trial

James E K Parker

in Acoustic Jurisprudence: Listening to the Trial of Simon Bikindi

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198735809
eISBN:
9780191799778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735809.003.0005
Subject:
Law, Public International Law, Philosophy of Law

This chapter is about how Bikindi’s songs featured in the ‘judicial soundscape’. Every appearance of song during the Bikindi case, it is suggested, must be understood in light of the fact that the ... More


Voices of Law

James E K Parker

in Acoustic Jurisprudence: Listening to the Trial of Simon Bikindi

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198735809
eISBN:
9780191799778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735809.003.0006
Subject:
Law, Public International Law, Philosophy of Law

This chapter explores how the voice figured in the International Criminal Tribunal for Rwanda (ICTR)’s thinking, first at the level of doctrine, then evidence, then rhetoric. Throughout Bikindi’s ... More


Giving Voice

James E K Parker

in Acoustic Jurisprudence: Listening to the Trial of Simon Bikindi

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198735809
eISBN:
9780191799778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735809.003.0007
Subject:
Law, Public International Law, Philosophy of Law

This chapter considers how the speaking voice was called upon in court in the Bikindi case. It begins with the ‘solemn declaration’, which it argues is both highly anomalous from an institutional ... More


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