scholarly journals Muzzling the Press

2020 ◽  
pp. 307-336
Author(s):  
Audrey Fino ◽  
Sandra Sahyouni
Keyword(s):  
Human Rights ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Freedom Of The Press ◽  
Human Rights Law ◽  
Criminal Trials ◽  
International Criminal Tribunals ◽  
The Press ◽  
The Law ◽  
The Right

Chapter 16 deals with contempt cases against journalists. Restrictions on freedom of the press have been striking at international criminal tribunals, where violations of protective measures granted to, for example, witnesses have led to several landmark yet controversial prosecutions of journalists for contempt of court. This chapter examines these practices from a human rights law perspective, as part of the recognized exceptions to the principle of public trials. In doing so, it reviews the law and jurisprudence of international and hybrid tribunals, including the International Criminal Tribunal for the former Yugoslavia (ICTY), the Special Tribunal for Lebanon (STL), and the International Criminal Court (ICC). In addition, it surveys contempt of court, offences against the administration of justice, and the law on reporting restrictions in a number of common law and civil law domestic jurisdictions. It concludes that the right to freedom of the press in the context of international criminal trials is not absolute, and that limits ordered by international tribunals, despite the polemics they may cause, are actually fully in line with both human rights law and domestic legal trends.

The Right of the Accused to Self-Representation Before International Criminal Tribunals: Further Developments

2005 ◽  
Vol 99 (3) ◽  
pp. 663-668
Author(s):  
Nina H. B. Jørgensen
Keyword(s):  
International Criminal ◽  
Rapid Development ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
Former Yugoslavia ◽  
International Criminal Tribunals ◽  
The Law ◽  
Developing Area ◽  
The Right

In its decision on assigned counsel's motion for withdrawal in the Milosevic case, the trial chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY) observed “that assignment of counsel against the wishes of the accused is a developing area of the law both in national and international jurisdictions.” This area of law witnessed rapid development by international criminal tribunals in the latter half of 2004.

scholarly journals Ending Impunity: The Case for War Crimes Trials in Liberia

2005 ◽  
Vol 1 (2) ◽  
pp. 53-80 ◽  
Author(s):  
Alhagi Marong ◽  
Chernor Jalloh
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Charles Taylor ◽  
Criminal Court ◽  
Human Rights Law ◽  
Sierra Leonean ◽  
Post Conflict

AbstractThis article argues that Liberia owes a duty under both international humanitarian and human rights law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the warring parties in the course of fourteen years of brutal conflict. Assuming that Liberia owes a duty to punish the grave crimes committed on its territory, the article then evaluates the options for prosecution, starting with the possible use of Liberian courts. The authors argue that Liberian courts are unable, even if willing, to render credible justice that protects the due process rights of the accused given the collapse of legal institutions and the paucity of financial, human and material resources in post-conflict Liberia. The authors then examine the possibility of using international accountability mechanisms, including the International Criminal Court, an ad hoc international criminal tribunal as well as a hybrid court for Liberia. For various legal and political reasons, the authors conclude that all of these options are not viable. As an alternative, they suggest that because the Special Court for Sierra Leone has already started the accountability process for Liberia with the indictment of Charles Taylor in 2003, and given the close links between the Liberian and Sierra Leonean conflicts, the Special Court would be a more appropriate forum for international prosecutions of those who perpetrated gross humanitarian and human rights law violations in Liberia.

Rights of Families of Disappeared Persons

2021 ◽  
Author(s):  
Grażyna Baranowska
Keyword(s):  
Human Rights ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Advisory Panel ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Missing Persons ◽  
European Court ◽  
The Right ◽  
Special Process

This book examines how international judicial and non-judicial bodies in Europe address the needs of the families of forcibly disappeared persons. The needs in question are returning the remains of disappeared persons; the right to truth; the acceptance of responsibility by states; and the right to compensation. These have been identified as the four most commonly shared basic and fundamental needs of families in which an adult was disappeared many years previously and is now assumed to be dead, which is representative of the situation of the vast majority of families of disappeared persons in Europe. <br><br>The analysis covers the judgments and decisions of the European Court of Human Rights, the UN Human Rights Committee, the International Criminal Tribunal for the former Yugoslavia, the Human Rights Chamber for Bosnia and Herzegovina, and the Human Rights Advisory Panel in Kosovo, as well as the activities of the Committee on Missing Persons in Cyprus, the Special Process on Missing Persons in the Territory of former Yugoslavia, the UN Committee on Enforced Disappearances and the International Commission on Missing Persons. In so doing, the book demonstrates whether, how, and based on what principles these four needs of the families of disappeared persons can constitute a claim based on international human rights law.

Like Ancient Beacons: The European Union and the International Criminal Court – Reflections from afar on a Chapter of European Foreign Policy

2004 ◽  
Vol 5 (12) ◽  
pp. 1449-1467 ◽  
Author(s):  
Alexandra Kemmerer
Keyword(s):  
Human Rights ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
European Law ◽  
The European Union ◽  
Human Rights Law ◽  
The Law ◽  
Human Rights Norms

That the Law is never frozen in time and space is quite a trivial insight – but one, however, that is nonetheless particularly true for the area of international human rights law and the jurisdiction to see human rights norms respected and enforced. No less is it true for international criminal law and European law. It is, of course, true at the intersection of these three fields of the law as well, exactly the place I intend to explore in this paper. And, as we shall see, poetry, that rarely unveiled subtext of the law, is never steady in its foundations.

The Right to be Defended in Person or Through Legal Assistance and the International Criminal Court

2000 ◽  
Vol 13 (4) ◽  
pp. 949-984 ◽  
Author(s):  
Stuart Beresford ◽  
Hafida Lahiouel
Keyword(s):  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
International Human Rights Law ◽  
Legal Assistance ◽  
Human Rights Law ◽  
International Criminal Tribunals ◽  
International Obligations ◽  
The Right

While the Statute of the International Criminal Court guarantees to suspects and accused the right to be defended in person or through legal assistance, it contains little guidance as to the extent to which this most fundamental right will be provided. In order to ascertain how broadly it should be applied, the authors examine the application of the right by the ad hoc international criminal tribunals for Rwanda and the former Yugoslavia. The authors note that the defence-orientated approach taken by the ad hoc Tribunals to the right to be defended in person or through legal assistance not only conforms with international obligations, but also in many respects goes beyond that required by international human rights law. It is, therefore, crucial that the ICC listens to the experience of the ad hoc Tribunals and adopts similar, if not identical, rules and regulations relating to the qualifications, conduct and assignment of counsel.

The Law of Interim Release in the Jurisprudence of the International Criminal Tribunals

2008 ◽  
Vol 8 (3) ◽  
pp. 589-626 ◽  
Author(s):  
Clemens Müller
Keyword(s):  
International Criminal ◽  
Case Law ◽  
The Other ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
International Criminal Tribunals ◽  
Depth Study ◽  
Rules Of Procedure ◽  
The Law ◽  
The Right

AbstractThe right of interim release during trial is an international recognized fundamental right of the accused which is deduced from the presumption of innocence. Although the ICTY has shifted to a more liberal practice, the other tribunals and the ICC are still applying the law of interim release in a restrictive manner. Decisions on interim release are not guided by clearly decisive factors to be applicable for every single accused in each case. Rather an examination of the particular facts of the case and the personality or character of the accused, surrounded by a framework of requirements set forth in the Rules of Procedure and Evidence, determine the practice on interim release. The way international criminal tribunals apply the law of interim release is, like international criminal proceedings as such, of a design sui generis. This article summarises the case-law concerning interim release at the international criminal tribunals. It gives an in-depth study on the requirements set forth in the Rules of Procedure and Evidence which the accused must fulfil to be provisional released.

scholarly journals PROTECTION ON FREEDOM OF THE PRESS FOR FOREIGN JOURNALISTS AND JOURNALISTIC VISA IN INDONESIA

2021 ◽  
Vol 1 (1) ◽  
pp. 56-65
Author(s):  
Fianka Aiza ◽  
Lena Farsia
Keyword(s):  
Human Rights ◽  
National Security ◽  
Freedom Of Expression ◽  
Freedom Of The Press ◽  
Legal Rules ◽  
Legal Method ◽  
The Press ◽  
Freedom Of Press ◽  
The Law

This study analyses how Indonesia enforces the law to protect the freedom of the press for foreign journalists and imposes strict visa regulations on them. The method used to conduct this research is the normative legal method. This study shows that Indonesia upholds human rights such as freedom of expression, but there are no specific legal rules to uphold such rights over foreign journalists. Rules are only available on the enactment of a journalistic visa. Therefore, it is recommended for Indonesia's Lawmakers to compose a new Law to uphold the rights and obligations of foreign journalists while they are in Indonesia and develop a monitoring body for foreign journalists so that Indonesia can ensure the protection of freedom of the press and the national security. Keywords: Foreign journalists; Freedom of Press; Journalistic Visa.

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