Africa and the Future of International Criminal Justice. Edited by Vincent O. Nmehiell. The Hague, The Netherlands; Eleven International Publishing, 2012. Pp. vii, 445. ISBN 978-94-90947-62-0. €85.00; US$120.00.

2014 ◽  
Vol 42 (1) ◽  
pp. 150-156
Author(s):  
Hanibal Goitom
Keyword(s):  
Criminal Justice ◽  
The Netherlands ◽  
International Criminal ◽  
International Criminal Justice ◽  
The Future ◽  
International Publishing ◽  
The Hague

Appeal may reject UN tribunal's Yugoslav acquittal

2016 ◽  
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Political Instability ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
Prison Sentence ◽  
Content Type ◽  
Post Conflict ◽  
The Hague

Significance The verdict runs counter to 20 years of jurisprudence and history at the International Criminal Tribunal for the former Yugoslavia (ICTY). It undermines the idea of using international criminal justice to assist in post-conflict reconstruction and reconciliation. It has caused disbelief, disappointment and anger in Croatia and Bosnia, especially among victims, and generated political instability in Serbia. Impacts The controversial judgment will further discredit the ICTY and the very idea of international criminal justice in the eyes of critics. It followed Karadzic's 40-year prison sentence, which has dismayed victims and observers expecting a harsher sentence. Despite working towards closure in 2017, the ICTY is very likely to grant an appeal. However, Seselj himself is unlikely to reappear in The Hague voluntarily.

Part V Fairness and Expeditiousness of ICC Proceedings, 43 Testifying behind Bars—Detained ICC Witnesses and Human Rights Protection

2015 ◽  
Author(s):  
Wijk Joris van ◽  
Cupido Marjolein
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
The Netherlands ◽  
International Criminal ◽  
International Criminal Justice ◽  
Protective Measures ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Video Link ◽  
Alternative Solutions

This Chapter discusses the competing responsibilities of the ICC and the host State in relation to detained witnesses, with a particular focus on asylum applications. As shown by the example of Congolese witnesses, testimony before the Court can lead to conflicting human rights obligations. The Court is obliged to return detained witnesses to the requested state after they have testified. The ICC and the Netherlands need to respect internationally recognized human rights and protect persons from persecution. Attempts to reconcile these competing obligations have resulted in lengthy proceedings before the ICC and Dutch courts. This Chapter examines the problems that arose in this context, and argues that the threat of more asylum applications could have serious implications for the future functioning of international criminal justice. It explores three possible alternative solutions: anticipatory protective measures, video-link testimony, and rogatory commissions, all of which come with their own complications.

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