'Bring Forth the Accused!' Defendant Attitudes and the Intimate Legitimacy of the International Criminal Trial

2005 ◽  
Author(s):  
Frederic Megret
Keyword(s):  
International Criminal ◽  
Criminal Trial

Part 13 Final Clauses: Clauses Finales, Art.122 Amendments to provisions of an institutional nature/Amendements aux dispositions de caractère institutionnel

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Criminal Trial ◽  
Trial Experience ◽  
Exhaustive List

This chapter comments on Article 122 of the Rome Statute of the International Criminal Court. Article 122 provides full and exhaustive list of provisions of the Statute ‘which are of an exclusively institutional nature’. These consist of the service of judges (art. 35), criteria for the section of judges (art. 36(8)), terms of judges (art. 36(9)), judicial vacancies (art. 37), the Presidency (art. 38), organization of Chambers, with the exception of the requirement that Pre-Trial and Trial Chambers be composed predominantly of judges with criminal trial experience (art. 39(1), first two sentences), composition of Chambers (art. 39(2), (4)), election of the Prosecutor and Deputy Prosecutors (art. 42(4)), independence and recusal of the Prosecutor and Deputy Prosecutors (art. 42(5)-(8)), advisers to the Prosecutor (art. 42(9)), appointment and qualifications of the Registrar (art. 43(2), (3)), Staff (art. 44), removal from office (art. 46), disciplinary measures (art. 47), and salaries, allowances, and expenses (art. 49).

Negative Aesthetic Experiences of Prosecuting the Barely Alive

2021 ◽  
pp. 1-20
Author(s):  
Shannon Fyfe
Keyword(s):  
Aesthetic Experience ◽  
International Criminal ◽  
Criminal Trial ◽  
Aesthetic Experiences ◽  
Mass Atrocity ◽  
Atrocity Crimes ◽  
Oral Evidence

Abstract Theories of negative aesthetics claim that some aesthetic qualities like disgust, ugliness, and repulsiveness are instrumentally valuable, and can be justified as a necessary means to producing what might be considered an ultimately positive aesthetic experience. In an international criminal trial, the presentation of “ugly” visual and oral evidence may be justified in service of the aims of the trial. But when the “barely alive” are prosecuted, however, a justification for a negative aesthetic experience may not exist. In this paper, I argue that due to their vulnerability and the need to protect their dignity, individuals who have been accused of mass atrocity crimes but who are nearing the end of their lives should generally not be subjected to public trial and punishment. The negative aesthetic experiences generated by displaying someone close to death in that setting cannot be justified by positive aesthetic or moral experiences.

Witness Proofing in International Criminal Tribunals: A Critical Analysis of Widening Procedural Divergence

2008 ◽  
Vol 21 (3) ◽  
pp. 683-698 ◽  
Author(s):  
RUBEN KAREMAKER ◽  
B. DON TAYLOR ◽  
THOMAS WAYDE PITTMAN
Keyword(s):  
Critical Analysis ◽  
International Criminal ◽  
Early Stage ◽  
Criminal Procedure ◽  
Trial Chamber ◽  
Criminal Trial ◽  
Criminal Trials ◽  
Trial Process ◽  
International Criminal Tribunals ◽  
International Criminal Trials

AbstractWitness proofing – or preparation – is an adjunct of the adversarial criminal trial process. It is also a common practice at the UN international criminal tribunals, where it has been repeatedly challenged, analysed, and endorsed. Recently, a trial chamber at the ICC prohibited the prosecutor from proofing witnesses, seemingly calling upon the institution, at an early stage, to break with the established practice of proofing at the UN international criminal tribunals. This article examines witness proofing in international criminal procedure with the aim of describing and weighing its relative merits, and arguing that proofing – as practised at the UN international criminal tribunals – appears to be a better modality for enhancing the efficiency, integrity, and legitimacy of the truth-seeking function of international criminal trials than does prohibiting the practice.

Drawing the Missing Map: What Socio-legal Research Can Offer to International Criminal Trial Practice

2013 ◽  
Vol 26 (4) ◽  
pp. 991-1007
Author(s):  
ROSEMARY BYRNE
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Empirical Studies ◽  
Critical Role ◽  
Empirical Work ◽  
International Criminal Tribunal ◽  
Criminal Trial ◽  
International Criminal Justice ◽  
Legal Research ◽  
International Trial

AbstractThe nature of international criminal trial practice is integral to the perception of the legitimacy of international criminal justice. However, our understanding of what transpires within the trial chambers of international courts and tribunals (ICTs) comes primarily from the reports of judges, lawyers, and stakeholders within the system. This article argues that, while the vast body of international criminal justice scholarship barely draws on socio-legal research, empirical work can contribute to a more objective understanding of international criminal trial practice. It examines prevailing academic approaches to the study of international trial practice as a backdrop to the assessment of data from one of the most expansive empirical studies of international trial practice, undertaken during the second mandate (1999–2003) of the International Criminal Tribunal for Rwanda (ICTR). The findings illustrate significant variations in how judges in different Trial Chambers chose to exercise discretion, revealing the co-existence of two distinct modalities of practice in ‘proactive’ and ‘reactive’ Trial Chambers. Quantitative and qualitative data allow for an assessment of the efficiency of these modalities, revealing the critical role of the performance of the judge in the trial process. It is argued that these findings highlight the potential for further socio-legal research to motivate ‘light-touch reform’ within the international criminal justice system.

scholarly journals Synthesis in Trial Procedures? The Experience of International Criminal Tribunals

2001 ◽  
Vol 50 (1) ◽  
pp. 26-53 ◽  
Author(s):  
Mark Findlay
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Trial ◽  
Integrated Analysis ◽  
International Criminal Tribunals ◽  
The Creation ◽  
International Tribunals ◽  
Recent Synthesis

Critical to analysing the recent synthesis of criminal trial procedures is an understanding of the internationalisation of criminal law and procedure.1 As well as the creation of international tribunals2 to investigate and try crimes of world significance, there is emerging an international jurisprudence on criminal law (and procedural hybrids to support and develop this) which require integrated analysis.3

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