The Management of Third-party Amicus Participation before International Criminal Tribunals: Juggling Efficiency and Legitimacy

2018 ◽  
pp. 225-243
Keyword(s):  
International Criminal ◽  
Third Party ◽  
International Criminal Tribunals

Donors' Justice: Recasting International Criminal Accountability

2011 ◽  
Vol 24 (3) ◽  
pp. 585-606 ◽  
Author(s):  
SARA KENDALL
Keyword(s):  
Criminal Justice ◽  
Sierra Leone ◽  
International Criminal ◽  
Third Party ◽  
International Criminal Justice ◽  
Ethical Problems ◽  
Legal Scholarship ◽  
International Criminal Tribunals ◽  
Personal Jurisdiction

AbstractInternational legal scholarship to date has largely neglected the donor-driven dynamics of international criminal justice. This article advances what I term ‘donors’ justice’ as an analytic frame for interpreting the work of international criminal tribunals. Donors’ justice is defined as third-party financial support for tribunal activity. It imports market rationalities into the field of criminal accountability, which assume overlapping discursive, political, and economic forms. The Special Court for Sierra Leone provides a case study of the implications of donor-driven logics for international criminal justice, particularly the material problems of insecure funding and the ethical problems of limited personal jurisdiction.

scholarly journals The Management of Third-party Amicus Participation before International Criminal Tribunals: Juggling Efficiency and Legitimacy

2017 ◽  
Vol 17 (4) ◽  
pp. 728-747
Author(s):  
Avidan Kent ◽  
Jamie Trinidad
Keyword(s):  
International Criminal ◽  
Significant Proportion ◽  
Third Party ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Governmental Organizations ◽  
International Criminal Tribunals ◽  
Non Governmental Organizations ◽  
Image Problems

Our article examines the practice of third-party amicus participation before international criminal tribunals (icts) and considers its impact on the efficiency and legitimacy of the international criminal process. Our review focuses on the provenance of third-party interventions, their nature and their impact (if any) on the reasoning of the ict in a given case. We note that a significant proportion of the amicus submissions are from western non-governmental organizations and individuals, rather than from the communities most directly affected by the work of icts. We consider the implications of this finding in the context of the well-documented ‘image problems’ that plague icts. We find that icts tend to manage the participation of third-party amici fairly judiciously, and conclude with some suggestions regarding how the engagement between icts and amici could be improved to enhance both the efficiency and the legitimacy of international criminal proceedings.

International legal immunities and privileges of the Рrosecutor amicus curiae

2020 ◽  
Vol 22 (3) ◽  
pp. 55-63
Author(s):  
EKATERINA A. KOPYLOVA ◽  
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Legal Regulation ◽  
Criminal Court ◽  
International Treaties ◽  
Amicus Curiae ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
International Criminal Tribunals ◽  
Foreign Science

The article considers the international legal regime of immunities and privileges of amicus curiae prosecutors of international criminal courts which are intended to ensure independent and unhindered performance of their functions in prosecuting crimes against the administration of justice. Due to the lack of doctrinal research in this field, whether in the domestic or foreign science of international law, the study is characterized by scientific novelty. Its empirical basis is constituted of the provisions of international treaties governing the immunities and privileges of staff of the ad hoc international criminal tribunals and the International Criminal Court. It is noted that today the state of international legal regulation of immunities and privileges of amicus curiae prosecutors is not quite satisfactory as it contains significant gaps. Two possible approaches to determining the scope of the immunities and privileges of amicus curiae prosecutors are identified: the first based on their status and the second – on the functions they perform. Their critical analysis leads to the conclusion that the functional approach is more in line with the principle of equality of arms in international criminal proceedings. As a result of its application, the scope of the immunities and privileges of amicus curiae prosecutors coincides with the scope of the immunities and privileges granted to staff of the Offices of Prosecutors at the international criminal tribunals.

Contemporary International Tribunals

2017 ◽  
Author(s):  
Antonio Augusto Cançado Trindade Trindade
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Case Law ◽  
Nuclear Disarmament ◽  
International Human Rights ◽  
International Criminal Tribunals ◽  
The Icj ◽  
The Common ◽  
International Human ◽  
International Tribunals

In the course of 2016, international human rights tribunals (ECtHR, IACtHR and ACtHPR) kept on making cross-references to each other’s case-law, as well as to that of other international tribunals. The same has taken place on the part of international criminal tribunals (ICC and ICTFY), at a time of special attention to the preservation of the legacy of the ad hoc tribunals (ICTFY and ICTR). One could have expected the same from the ICJ, as to the case-law of other international tribunals, in its recent decisions in the cases concerning the Obligation of Nuclear Disarmament (2016), keeping in mind the common mission (of realization of justice) of contemporary international tribunals from an essentially humanist outlook.

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