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Trying Cases at the International Criminal Tribunals in the Absence of the Accused?

Håkan Friman

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0015
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter addresses the judicial treatment of procedural rules at the bench through the lens of in absentia trials and the substitute Rule 61 procedure developed by the ad hoc Tribunals. It ... More


Trial In Absentia Before the Special Tribunal for Lebanon

Paola Gaeta

in The Special Tribunal for Lebanon: Law and Practice

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199687459
eISBN:
9780191767111
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199687459.003.0012
Subject:
Law, Public International Law, Criminal Law and Criminology

Article 22 of the Statute of the Special Tribunal for Lebanon (STL) provides for the possibility of holding trials in the absence of the accused — a procedure that has spawned heated debates among ... More


Legitimate Authority and Extraterritorial Punishment

Alejandro Chehtman

in The Philosophical Foundations of Extraterritorial Punishment

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199603404
eISBN:
9780191725173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199603404.003.0007
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter provides a theory of legitimate authority to try offenders. It applies Joseph Raz's service conception of authority to the question of what conditions a given body should meet in order ... More


Was He Guilty?

William A. Schabas

in The Trial of the Kaiser

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198833857
eISBN:
9780191872440
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198833857.003.0018
Subject:
Law, Public International Law

The trial might well have taken place were it not for a variety of unforeseen circumstances. For example, the Dutch might have agreed to the Kaiser’s surrender and the Kaiser might even have agreed ... More


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