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Human Rights in International Criminal Proceedings: Oxford Monographs in International Law

Autor Salvatore Zappalà
en Limba Engleză Paperback – 27 ian 2005
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 analyses 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). Secondly, (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. Thirdly, 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.
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Specificații

ISBN-13: 9780199280933
ISBN-10: 0199280932
Pagini: 312
Ilustrații: black & white illustrations
Dimensiuni: 156 x 234 x 18 mm
Greutate: 0.48 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Seria Oxford Monographs in International Law

Locul publicării:Oxford, United Kingdom

Recenzii

This study is an ambitious one, which is detailed in its research and covers a broad range of often complex issues well...A valuable addition to scholarship in this area...This well researched historical piece makes an interesting argument and contributes to Nuremberg scholarship from the legal perspective because of its detailed and constructive criticism of the results.
'the interests of the accused and the rights of defence are a primary concern ... in the jurisprudence of the ad hoc Tribunals brilliantly analysed ... by Salvatore Zappala'

Notă biografică

Salvatore Zappalà is Professor of international law at the University of Florence.