An Institutional Perspective on the United Nations Criminal Tribunals: Governance, Independence and Impartiality: Legal Aspects of International Organizations, cartea 62
Autor Huw Llewellynen Limba Engleză Hardback – 21 apr 2021
Largely overlooked in the otherwise comprehensive literature on international criminal justice, this book focuses on “parenthood”, “oversight” and “ownership” by the tribunals’ governing bodies, concepts unnecessary in national jurisdictions, and traces the tension between governance and judicial independence through the different phases of the tribunals’ lifecycles: from their establishment to commencement of operations, completion of mandates and closure, and finally to the “afterlife” of their residual phase.
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Specificații
ISBN-13: 9789004447691
ISBN-10: 9004447695
Dimensiuni: 155 x 235 mm
Greutate: 0.56 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Legal Aspects of International Organizations
ISBN-10: 9004447695
Dimensiuni: 155 x 235 mm
Greutate: 0.56 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Legal Aspects of International Organizations
Cuprins
Foreword
Acknowledgements
Table of Treaties
Table of Cases
Table of Security Council resolutions
Table of Non-Binding International Instruments, Reports and Other Sources
1 The United Nations Criminal Tribunals and Their Oversight Bodies
1 An Institutional Perspective
2 The UN Criminal Tribunals and Their Oversight Bodies
3 The Lifecycle of the UN Criminal Tribunals and the Residual Bodies
4 Governance, Independence and Impartiality
2 Essential Concepts: Governance, Independence and Impartiality
1 The Universe of the Tribunals’ Relationships
1.1The Universe
1.2Parenthood and Oversight
1.3Ownership
2 The Right to a Competent, Independent and Impartial Tribunal Established by Law
2.1The Status of the Right to a Competent, Independent and Impartial Tribunal under International Law
2.2Constitutional Establishment of the Tribunal: The Separation of Powers
2.3Constitutional Establishment: Selection and Appointment of Senior Officials
2.4Court Administration and Judicial Management
2.5Resources
3 Governance
4 Political Considerations: The Institutional Logic of the Actors in the Tribunal’s Universe
5 Lessons Learned
3 Establishment Part I
Institutional Architecture of the UN Criminal Tribunals
1 Establishment
2 The Institutional Architecture of the UN Criminal Tribunals
2.1The ICTY and the ICTR
2.2The Voluntarily Funded UN Criminal Tribunals
3 Legal Protections for the Independence and Impartiality of the UN Criminal Tribunals
3.1The Constituent Instruments
3.2Inherent Judicial Authority
3.3General International Law: Multilateral Conventions, Customary International Law and General Principles of Law
3.4Who Is Bound by the Legal Rules Protecting the Independence and Impartiality of the UN Criminal Tribunals?
4 Authority and Control
4.1The Constituent Instruments
4.2Principles of International Institutional Law Applicable to the UN Criminal Tribunals
4.3Authority and Control Over a National Court: The ECCC
5 Lessons Learned
4 Establishment Part II
1 Completing the Institutional Architecture
2 Establishment of the Oversight Bodies
2.1Oversight Bodies of the ICTY and the ICTR
2.2The SCSL Management Committee
2.3Oversight and Funding of the ECCC
2.4The STL Management Committee
3 The Continual Dialogue on UN Criminal Tribunals’ Issues
4 Internal Governance of the UN Criminal Tribunals
5 Some Lessons Learned
5 Commencement and Functioning
1 Commencement
2 Selection, Appointment and Security of Tenure of the Judges and Other Senior Officials
2.1Judges
2.2Prosecutors
2.3Registrars and Tribunal Administrators
3 Transition from Existence on Paper to Functioning Tribunals
3.1The ICTY and the ICTR
3.2The Voluntarily Funded UN Criminal Tribunals
4 Oversight, Judicial Management and Independence
4.1Oversight Activities
4.2Oversight and Judicial Management
5 Lessons Learned
6 Completion and Closure
1 Completion and Closure
2 A Brief History of Time: The Development of the Completion Strategies
2.1The ICTY and the ICTR
2.2The Voluntarily Funded UN Criminal Tribunals
3 Independence, Impartiality and Completion Strategies
3.1Completion Timelines: Suggested Criteria for Considering Their Compatibility with Independence and Impartiality
3.2Completion Timelines: Impact on the Independence and Impartiality of the UN Criminal Tribunals?
3.3Independence and Impartiality: Other Aspects of the ICTY and ICTR Completion Strategies
4 Completion and Closure
5 Lessons Learned
7 The Residual Phase
1 The Misnomer of “Residual” Functions
2 Residual Functions
2.1Trial of Fugitives and Appeals
2.2Trials and Appeals in Contempt Cases
2.3Review of Judgments
2.4Protection of Victims and Witnesses
2.5Referral of Cases to National Jurisdictions and Revocation
2.6Supervision of Enforcement of Sentences
2.7Assistance to National Authorities
2.8Protecting the Rights of the Accused and Convicted
2.9Preservation and Management of the Archives
3 The UN Residual Bodies: Negotiation and Establishment
3.1The Residual Mechanism for the ICTY and the ICTR
3.2The Residual SCSL
4 The UN Residual Bodies: Institutional Architecture, Principles of International Institutional Law, Authority and Control
4.1The Residual Mechanism
4.2The Residual SCSL
4.3Internal Governance of the UN Residual Bodies
5 The UN Residual Bodies: Legal Protections for Independence and Impartiality
5.1Constituent Instruments
5.2Inherent Judicial Authority
5.3General International Law
5.4Who Is Bound by the Legal Protections for the Independence and Impartiality of the UN Residual Bodies?
6 The UN Residual Bodies: Establishment of the Oversight Bodies and Funding Mechanisms
6.1The Residual Mechanism
6.2The Residual SCSL
7 The UN Residual Bodies: Commencement, Transitional Arrangements and Duration
8 UN Residual Bodies: Completion and Closure
9 Future UN Residual Bodies for the ECCC and the STL?
10 Challenges for the UN Residual Bodies in the Future
11 Lessons Learned
8 Conclusions
1 Parenthood, Oversight and Ownership, and the Independent and Impartial Functioning of the UN Criminal Tribunals
2 Lessons Learned from the Institutional Architecture of the UN Criminal Tribunals and Their Oversight Bodies
3 Lessons Learned from the Completion, Closure and Residual Phases of the UN Criminal Tribunals
4 Lessons Learned Relevant to Other International Criminal Justice Bodies
5 The Future of UN Engagement in International Criminal Justice Bodies
Bibliography
Index
Acknowledgements
Table of Treaties
Table of Cases
Table of Security Council resolutions
Table of Non-Binding International Instruments, Reports and Other Sources
1 The United Nations Criminal Tribunals and Their Oversight Bodies
1 An Institutional Perspective
2 The UN Criminal Tribunals and Their Oversight Bodies
3 The Lifecycle of the UN Criminal Tribunals and the Residual Bodies
4 Governance, Independence and Impartiality
2 Essential Concepts: Governance, Independence and Impartiality
1 The Universe of the Tribunals’ Relationships
1.1The Universe
1.2Parenthood and Oversight
1.3Ownership
2 The Right to a Competent, Independent and Impartial Tribunal Established by Law
2.1The Status of the Right to a Competent, Independent and Impartial Tribunal under International Law
2.2Constitutional Establishment of the Tribunal: The Separation of Powers
2.3Constitutional Establishment: Selection and Appointment of Senior Officials
2.4Court Administration and Judicial Management
2.5Resources
3 Governance
4 Political Considerations: The Institutional Logic of the Actors in the Tribunal’s Universe
5 Lessons Learned
3 Establishment Part I
Institutional Architecture of the UN Criminal Tribunals
1 Establishment
2 The Institutional Architecture of the UN Criminal Tribunals
2.1The ICTY and the ICTR
2.2The Voluntarily Funded UN Criminal Tribunals
3 Legal Protections for the Independence and Impartiality of the UN Criminal Tribunals
3.1The Constituent Instruments
3.2Inherent Judicial Authority
3.3General International Law: Multilateral Conventions, Customary International Law and General Principles of Law
3.4Who Is Bound by the Legal Rules Protecting the Independence and Impartiality of the UN Criminal Tribunals?
4 Authority and Control
4.1The Constituent Instruments
4.2Principles of International Institutional Law Applicable to the UN Criminal Tribunals
4.3Authority and Control Over a National Court: The ECCC
5 Lessons Learned
4 Establishment Part II
1 Completing the Institutional Architecture
2 Establishment of the Oversight Bodies
2.1Oversight Bodies of the ICTY and the ICTR
2.2The SCSL Management Committee
2.3Oversight and Funding of the ECCC
2.4The STL Management Committee
3 The Continual Dialogue on UN Criminal Tribunals’ Issues
4 Internal Governance of the UN Criminal Tribunals
5 Some Lessons Learned
5 Commencement and Functioning
1 Commencement
2 Selection, Appointment and Security of Tenure of the Judges and Other Senior Officials
2.1Judges
2.2Prosecutors
2.3Registrars and Tribunal Administrators
3 Transition from Existence on Paper to Functioning Tribunals
3.1The ICTY and the ICTR
3.2The Voluntarily Funded UN Criminal Tribunals
4 Oversight, Judicial Management and Independence
4.1Oversight Activities
4.2Oversight and Judicial Management
5 Lessons Learned
6 Completion and Closure
1 Completion and Closure
2 A Brief History of Time: The Development of the Completion Strategies
2.1The ICTY and the ICTR
2.2The Voluntarily Funded UN Criminal Tribunals
3 Independence, Impartiality and Completion Strategies
3.1Completion Timelines: Suggested Criteria for Considering Their Compatibility with Independence and Impartiality
3.2Completion Timelines: Impact on the Independence and Impartiality of the UN Criminal Tribunals?
3.3Independence and Impartiality: Other Aspects of the ICTY and ICTR Completion Strategies
4 Completion and Closure
5 Lessons Learned
7 The Residual Phase
1 The Misnomer of “Residual” Functions
2 Residual Functions
2.1Trial of Fugitives and Appeals
2.2Trials and Appeals in Contempt Cases
2.3Review of Judgments
2.4Protection of Victims and Witnesses
2.5Referral of Cases to National Jurisdictions and Revocation
2.6Supervision of Enforcement of Sentences
2.7Assistance to National Authorities
2.8Protecting the Rights of the Accused and Convicted
2.9Preservation and Management of the Archives
3 The UN Residual Bodies: Negotiation and Establishment
3.1The Residual Mechanism for the ICTY and the ICTR
3.2The Residual SCSL
4 The UN Residual Bodies: Institutional Architecture, Principles of International Institutional Law, Authority and Control
4.1The Residual Mechanism
4.2The Residual SCSL
4.3Internal Governance of the UN Residual Bodies
5 The UN Residual Bodies: Legal Protections for Independence and Impartiality
5.1Constituent Instruments
5.2Inherent Judicial Authority
5.3General International Law
5.4Who Is Bound by the Legal Protections for the Independence and Impartiality of the UN Residual Bodies?
6 The UN Residual Bodies: Establishment of the Oversight Bodies and Funding Mechanisms
6.1The Residual Mechanism
6.2The Residual SCSL
7 The UN Residual Bodies: Commencement, Transitional Arrangements and Duration
8 UN Residual Bodies: Completion and Closure
9 Future UN Residual Bodies for the ECCC and the STL?
10 Challenges for the UN Residual Bodies in the Future
11 Lessons Learned
8 Conclusions
1 Parenthood, Oversight and Ownership, and the Independent and Impartial Functioning of the UN Criminal Tribunals
2 Lessons Learned from the Institutional Architecture of the UN Criminal Tribunals and Their Oversight Bodies
3 Lessons Learned from the Completion, Closure and Residual Phases of the UN Criminal Tribunals
4 Lessons Learned Relevant to Other International Criminal Justice Bodies
5 The Future of UN Engagement in International Criminal Justice Bodies
Bibliography
Index
Notă biografică
Huw Llewellyn, Ph.D. (2019), Leiden University, is Director of the Codification Division, United Nations Office of Legal Affairs, New York. He has published articles on a number of public international law topics.