scholarly journals National Criminal Procedure Shoehorned into a Global Procedure Shoe When Trying Crimes Against Humanity

Author(s):  
Karol Nowak

Abstract In this article the argument is made that a global court like the icc is not suitable for gaining the trust of those it rules over and that the procedure used when trying crimes against humanity is a poor fit as it is to a large extent based on national procedural codes. It is suggested that a split of the icc into several regional bodies with common procedural rules that are amended to suit the special needs when trying crimes against humanity would be beneficial for the court’s credibility. The point is also made that the goals of international trials and tribunals a poorly formulated and that they over promise and need to be amended to better reflect reality.

Author(s):  
Jenia Iontcheva Turner

This chapter examines the pluralistic nature of international criminal procedure. International criminal procedure refers to the procedures used at the international criminal courts and tribunals that were established to address war crimes, crimes against humanity, genocide, and other serious offenses. The chapter begins with an overview of the evolution of modern international criminal procedure, first at the ad hoc tribunals for the former Yugoslavia and Rwanda and then at hybrid courts and the International Criminal Court. It then discusses the goals pursued by international criminal procedure, such as: providing a fair trial, establishing the truth, enforcing criminal laws effectively, respecting human rights, and promoting the rule of law. Different views about the proper weight to be placed on each of these goals leads to diverse procedures across and within international criminal courts. The chapter considers two examples of pluralism in international criminal procedure: judicial management of criminal proceedings and involvement of victims in the proceedings. Finally, the chapter offers a normative assessment of pluralism in international criminal procedure. While diversity of procedures can help international criminal courts arrive at solutions that address the unique political and practical challenges of international criminal justice, divergent procedures within the same court raise concerns about predictability and equal treatment.


2009 ◽  
Vol 12 ◽  
pp. 3-12 ◽  
Author(s):  
Luis Moreno-Ocampo

AbstractI took office seven years ago as the Prosecutor of the International Criminal Court. Over those years, I have seen remarkable developments, the creation of a global judicial institution from scratch, the development of our operations in all regions of the world, mainly in conflict areas, the setting up of key jurisprudence on modes of liability, complementarity, criminal procedure as well as on victims' participation before the Court. Today I would like to focus on how the work of this Court can contribute to the prevention of massive crimes. Crimes we thought, over and over, would never happen again, only to see them occur, again and again, before our eyes: genocide, crimes against humanity and war crimes. How can we maximize the preventive impact of our work? How can we ensure that the crimes committed in Georgia during the summer of 2008, in Guinea in the fall of 2009 are not repeated? How can we stop current crimes in Darfur? How can we prevent a new cycle of violence during the next elections in Kenya scheduled for 2012? How can we support Colombia's efforts to end half a century of violence?


2016 ◽  
Vol 1 (17) ◽  
pp. 7-11 ◽  
Author(s):  
Cindy Gill ◽  
Sneha Bharadwaj ◽  
Nancy Quick ◽  
Sarah Wainscott ◽  
Paula Chance

A speech-language pathology master's program that grew out of a partnership between the University of Zambia and a U.S.-based charitable organization, Connective Link Among Special needs Programs (CLASP) International, has just been completed in Zambia. The review of this program is outlined according to the suggested principles for community-based partnerships, a framework which may help evaluate cultural relevance and sustainability in long-term volunteer efforts (Israel, Schulz, Parker, & Becker, 1998).


Sign in / Sign up

Export Citation Format

Share Document