scholarly journals The Visualities and Aesthetics of Prosecuting Aged Defendants

Author(s):  
Mark Drumbl ◽  
Caroline Fournet

Abstract The prosecution—whether domestic or international—of international crimes and atrocities may implicate extremely aged defendants. Much has been written about the legalisms that inhere (or not) in trying these barely alive individuals. Very little however has been written about the aesthetics the barely alive encrust into the architecture of courtrooms, the optics these defendants suffuse into the trial process, and the expressive value of punishing them. This is what we seek to do in this project.

Author(s):  
Jacobs Dov

This chapter argues that international tribunals minimize the need to accurately determine the defendant’s guilt by routinely ‘balancing away’ defence rights vis-à-vis other values that are deemed more important, such as ‘combating impunity’ or acknowledging the suffering of the victims. It identifies four different types of such balancing: foundational, procedural, institutional, and systemic. Foundational balancing concerns the (mis)use of the sources of international law. Procedural balancing primarily involves de-emphasizing the importance of defence rights by elevating the (assumed) rights of other actors in the system. Institutional balancing relates to the structural position of the defence at international tribunals. And systemic balancing focuses on how the collective nature of international crimes requires international tribunals to rely on substantive doctrines that make it more difficult to accurately assess the criminal responsibility of individual defendants. Those four types of balancing, this chapter suggests, relegate defendants to the margins of the trial process, significantly increasing the likelihood of unjust verdicts.


2019 ◽  
Vol 55 (5) ◽  
pp. 652-665
Author(s):  
Md. Awal Hossain Mollah

The aim of this paper is to examine the trial process and standard of the International Crimes Tribunal (ICT) in Bangladesh. The main aim of the paper is to explore whether the trial is about justice or politics. Two International Crimes Tribunals (ICTs) have been established following the amended ICT Act 2009 after 40 years of independence. To date, more than 30 verdicts have been delivered by the tribunals and most of the accused have been proved to be war criminals, as collaborators with the Pakistani army, and involved in the politics of Jamaat who have penalized for capital punishment. Jammat is name of a political party in Bangladesh. Although the tribunal is named ‘the International Crimes Tribunal’, no international judges or prosecutors – like those who have taken part in the tribunals of Nuremberg, Tokyo, Rwanda, Yugoslavia or the permanent International Criminal Court of The Hague – have been involved in this trial process. The Pakistani military who were involved and accused as war criminals have also been excluded from prosecution. Therefore, a lot of criticisms have made about the trial process and standard; however, some unique features can be found, such as an appeal to the Supreme Court and a mercy petition to the President. It has also been proved that politics are involved in the war crimes and even the trial process, which is not influenced solely by the abstract notions of justice. The paper takes the form of a descriptive case study and is based on mainly secondary sources of information.


Author(s):  
Samuel Matsiko

Abstract The prosecution of international crimes in domestic and international criminal justice systems may involve aged defendants. Such prosecutions often implicate aged witnesses as well. There is a dearth of literature not only on the expressive value and optics of punishing aged defendants but also on the role of aged witnesses in the trial process. The need to interrogate these optics and perceptions—be it from an empirical or a theoretical perspective—is not only necessary, it is also timely. This article assesses the prosecution of Chadian dictator Hissène Habré in 2015–2016 at the Extraordinary African Chambers. This trial not only concerned an aged defendant, but also over 90 witnesses, the majority of whom was aged. This article explores the dialectics between the optics of punishing aged defendants and the optics of aged witnesses at the Habré trial.


2014 ◽  
Vol 12 (1) ◽  
pp. 91-101
Author(s):  
Brian Moore ◽  
Joris van Wijk

Case studies in the Netherlands and the UK of asylum applicants excluded or under consideration of exclusion pursuant to Article 1Fa of the Refugee Convention reveal that some applicants falsely implicated themselves in serious crimes or behaviours in order to enhance their refugee claim. This may have serious consequences for the excluded persons themselves, as well as for national governments dealing with them. For this reason we suggest immigration authorities could consider forewarning asylum applicants i.e. before their interview, about the existence, purpose and possible consequences of exclusion on the basis of Article 1F.


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