Human Rights in the Investigation and Prosecution of Crime


Author: Madeleine Colvin,Jonathan Cooper
Publisher: Oxford University Press
ISBN: 0199214417
Category: Law
Page: 575
View: 1467

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This new book is partly based on an earlier book, Criminal Justice, Police Powers and Human Rights (Blackstone's, 2001), which was published immediately after the Human Rights Act came into force. The subsequent developments in the criminal justice/human rights field have been so numerous, that a new dedicated text on the subject is required as opposed to just a new edition of the authors' previous book. This new book provides a detailed and practical analysis of the impact of UK human rights law on the investigation and prosecution of crime. It deals systematically with the various stages of investigation, arrest and detention in police custody, court procedure, evidence, sentencing, and appeals. The narrative provides a comprehensive, in-depth examination of the Regulation of Investigatory Powers Act (RIPA), looking in detail at the relationship between human rights and police investigatory and surveillance powers. The book is aimed directly at practitioners, and is logically divided into chapters dealing with a particular aspect of human rights in relation to the criminal process, including; the interception of communications and surveillance and intelligence issues; arrest and detention; bail; disclosure; mental health and capacity; sentencing; the rights of victims; extradition; and proceeds of crime.

Prosecuting Serious Human Rights Violations


Author: Anja Seibert-Fohr
Publisher: Oxford University Press
ISBN: 0199569320
Category: History
Page: 326
View: 2499

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Is there a duty to prosecute serious human rights violations? This book examines this issue, drawing on international human rights instruments and case law. It finds flaws in the current prosecution of these crimes and develops proposals for improvement. Featuring in-depth analysis of trials, amnesties and impunity, it is a unique reference work.

Prosecuting Heads of State


Author: Ellen L. Lutz,Caitlin Reiger
Publisher: Cambridge University Press
ISBN: 0521491096
Category: Law
Page: 326
View: 1005

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The meteoric rise in criminal prosecutions of former heads of state is examined for the first time in this probing and engaging narrative.

International Prosecutors


Author: Luc Reydams,Jan Wouters,Cedric Ryngaert
Publisher: OUP Oxford
ISBN: 0191637238
Category: Law
Page: 1032
View: 1411

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This volume examines the prosecution as an institution and a function in a dozen international and hybrid criminal tribunals, from Nuremberg to the International Criminal Court. It is the result of a sustained collaborative effort among some twenty scholars and (former) tribunal staffers. The starting point is that the prosecution shapes a tribunal's practice and legacy more than any other organ and that a systematic examination of international prosecutors is therefore warranted. The chapters are organized chronologically, according to the successive phases of the life of the institution and the various stages of the trials. The analysis includes each institution's establishment, mandate and jurisdiction, as well as the prosecutorial framework and strategy, the prosecutor's external relations and the completion of the institution's work. The book also considers the prosecutors' independence and impartiality, and their accountability for their decisions. The volume thus provides a comprehensive picture of the mandate, organization, and operation of the prosecution in international criminal trials. As the first comprehensive study of an international legal actor whose decisions have widespread political repercussions, this book will be essential reading for all with an interest in international criminal justice.

International Prosecution of Human Rights Crimes


Author: Wolfgang Kaleck,Michael Ratner,Tobias Singelnstein,Peter Weiss
Publisher: Springer Science & Business Media
ISBN: 3540462783
Category: Law
Page: 224
View: 6921

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The book explores recent developments in the international and national prosecution of persons accused of committing war crimes and crimes against humanity. It considers the relationship between national and international law, science and practice, with emphasis on the emerging principle of universial jurisdiction and the effect of "the war on terror" on legal norms.

Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights


Author: Ana Salinas de Frias
Publisher: Council of Europe
ISBN: 928717685X
Category: Political Science
Page: 461
View: 1601

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Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.

War Crimes and Human Rights

Essays on the Death Penalty, Justice, and Accountability
Author: William Schabas
Publisher: Cameron May
ISBN: 1905017634
Category: Capital punishment
Page: 1158
View: 4622

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This is a collection of essays and articles on human rights law and international criminal law authored by William Schabas, one of the most prominent contemporary scholars and practitioners. Particular attention is given to such topics as the limitation and abolition of the death penalty, genocide and crimes against humanity, the establishment and operation of the International Criminal Court and the ad hoc international criminal tribunals, truth and reconciliation commissions, reservations to human rights treaties, and the implementation of international human rights norms in domestic law

Supranational Criminal Prosecution of Sexual Violence

The ICC and the Practice of the ICTY and the ICTR
Author: Anne-Marie de Brouwer
Publisher: Intersentia nv
ISBN: 9050955339
Category: Law
Page: 570
View: 8687

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This study assesses the supranational criminal prosecution of sexual violence, notably whether supranational criminal law and procedure are adequate from the perspective of victims of sexual violence.

French Criminal Justice

A Comparative Account of the Investigation and Prosecution of Crime in France
Author: Jacqueline Hodgson
Publisher: Bloomsbury Publishing
ISBN: 1847310699
Category: Law
Page: 300
View: 6658

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Basing much of its analysis upon the first systematic empirical study of the French pre-trial process, this monograph breaks new ground in the field of comparative criminal justice. Moving away from idealised accounts of judicially supervised investigations, it provides a better understanding of the ways in which an inquisitorially rooted criminal process operates in practice and the factors that influence and constrain its development and functioning. The structure and operation of French criminal justice is set within a broad range of contexts of political, occupational and legal cultures from the French Republican tradition of state-centred models of authority, across the growing influence of the ECHR, to the local conditions which determine the ways in which individual discretion is exercised. The French model of investigative supervision and accountability is contrasted with more adversarial procedures and in particular, the different ways in which the reliability of evidence is guaranteed and the interests of the accused protected. Systematic observation of the daily working practices of police, gendarmes, prosecutors and juges dinstruction across a number of sites and time periods, provides a unique and detailed account of the ways in which the French criminal process operates in practice. The understandings and insights generated from this data are then set within a wider legal and political analysis, which considers issues such as the influence and interference of the State within matters of justice; a comparative analysis of the judicial and defence functions; and the extent to which ECHR fair trial guarantees are able to produce legal and ideological change within a process which depends upon a central and judicially supervised investigating authority. An informed knowledge of other European criminal procedures is increasingly essential for those working within UK (as well as comparative) criminal justice, if there is to be a proper engagement with, and evaluation of, measures such as the EUs proposed Council Framework Decision on Certain Procedural Rights in Criminal Proceedings throughout the European Union, as well as recent legislative reform in England and Wales that seeks to adjust the pre-trial roles of police and prosecutor in significant ways. This book will be essential reading for teachers, researchers, students and policy-makers working in the areas of criminal justice in the UK and across Europe, in comparative criminal justice/criminology, as well as in French and European studies.

The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations


Author: Juan Carlos Ochoa S.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004212167
Category: Law
Page: 336
View: 2246

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In The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations, Juan Carlos Ochoa offers a systematic analysis of international and comparative domestic law on the position of the victim in the prosecution of these infringements, points to the deficiencies of the current state of customary international law, and proposes specific reforms.

Impunity and Human Rights in International Law and Practice


Author: Naomi Roht-Arriaza
Publisher: Oxford University Press
ISBN: 9780195359718
Category: Law
Page: 416
View: 7793

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As dictatorships topple around the world and transitional regimes emerge from the political rubble, the new governments inherit a legacy of widespread repression against the civilian population. This repression ranges from torture, forced disappearances, and imprisonment to the killings of both real and perceived political opponents. Nonetheless, the official status of the perpetrators shields them from sanction, creating a culture of impunity in which the most inhumane acts can be carried out without fear of repercussions. The new governments wrestle with whether or not to investigate prior wrongdoings by state officials. They must determine who, if any, of those responsible for the worst crimes should be brought to justice, even if this means annulling a previous amnesty law or risking a violent backlash by military or security forces. Finally, they have to decide how to compensate the victims of this repression, if at all. Beginning with a general consideration of theories of punishment and redress for victims, Impunity and Human Rights in International Law and Practice explores how international law provides guidance on these issues of investigation, prosecution, and compensation. It reviews some of the more well-known historical examples of societies grappling with impunity, including those arising from the Second World War and from the fall of the Greek, Spanish, and Portuguese dictatorships in the 1970s. Country studies from around the world look at how the problem of impunity has been dealt with in practice in the last two decades. The work then distills these experiences into a general discussion of what has and hasn't worked. It concludes by considering the role of international law and institutions in the future, especially given renewed interest in international mechanisms to punish wrong-doers. As individuals, governments, and international organizations come to grips with histories of repression and impunity in countries around the world, the need to define legal procedures and criteria for dealing with past abuses of human rights takes on a special importance. Impunity and Human Rights in International Law and Practice aims to share their experiences in the hope that lawyers, scholars, and activists in those countries where dealing with the past is only now becoming an imperative may learn from those who have recently confronted similar challenges. This work will be essential reading for lawyers, political and social scientists, historians and journalists, as well as human rights experts concerned with this important issue.

The Role of Courts in Transitional Justice

Voices from Latin America and Spain
Author: Jessica Almqvist,Carlos Esposito
Publisher: Routledge
ISBN: 1136579265
Category: Law
Page: 326
View: 8298

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Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.

Balancing Protection and Prosecution in Anti-trafficking Policies

A Comparative Analysis of Reflection Periods and Related Temporary Residence Permits for Victims of Trafficking in the Nordic Countries, Belgium and Italy
Author: Anette Brunovskis,Nordic Council of Ministers
Publisher: Nordic Council of Ministers
ISBN: 9289324236
Category: Electronic books
Page: 76
View: 3766

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When victims of trafficking are identified in a country of destination, they are often in a situation marked by lack of clarity. In response to this, most European countries have a so-called reflection period for victims of trafficking, typically lasting from 30 days to six months, during which the victim cannot be sent out of the country, and where he or she can reflect upon the above issues and receive assistance. The intention of the reflection period is to help protect victims, but also to prosecute traffickers. How can these two - sometimes conflicting - goals best be met? This report discusses implications of the models in the Nordic countries, Belgium and Italy

The International Criminal Court in Search of its Purpose and Identity


Author: Triestino Mariniello
Publisher: Routledge
ISBN: 1317703081
Category: Law
Page: 288
View: 5029

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The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC’s practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.

The Use of Analysis of Deoxyribonucleic Acid (DNA) Within the Framework of the Criminal Justice System

Recommendation No. R (92) 1 Adopted by the Committee of Ministers of the Council of Europe on 10 February 1992 and Explanatory Memorandum
Author: Council of Europe. Committee of Ministers,Council of Europe
Publisher: Council of Europe
ISBN: 9789287121318
Category: Chemistry, Forensic
Page: 37
View: 1782

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9. Equality of arms

Regional Protection of Human Rights: Documentary Supplement


Author: Dinah Shelton,Paolo G. Carozza
Publisher: Oxford University Press
ISBN: 019930162X
Category: History
Page: 587
View: 3095

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In the second edition of Regional Protection of Human Rights, Dinah Shelton examines the development of regional organizations and the role that human rights plays in them.

Accountability for Human Rights Atrocities in International Law

Beyond the Nuremberg Legacy
Author: Steven R. Ratner,Jason S. Abrams,James L. Bischoff
Publisher: OUP Oxford
ISBN: 0191018678
Category: Political Science
Page: 536
View: 1236

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This book explores the promises and limitations of holding individuals accountable for violations of international human rights and humanitarian law. It analyses the principal crimes under international law, such as genocide, crimes against humanity, and war crimes, and appraises both prosecutorial and other key mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. This fully updated new edition contains expanded coverage of national trials under universal jurisdiction, international criminal tribunals including the International Criminal Court, new hybrid tribunals in Cambodia and elsewhere, truth commissions, and lustration. It also explores individual accountability for terrorist acts and for abuses committed in the name of counter-terrorism policy.

Accountability for International Humanitarian Law Violations: The Case of Rwanda and East Timor


Author: Mohamed Othman
Publisher: Springer Science & Business Media
ISBN: 3540288856
Category: Law
Page: 384
View: 6308

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The book is a critical review of accountability conducted under the authority of the United Nations Security Council, by the International Criminal Tribunal for Rwanda (ICTR), and the United Nations Transitional Administration in East Timor (UNTAET). It is centred on two case studies: the 1999 events in Rwanda, and the 1999 mayhem in East Timor. The books subjects to testing cross-examination tools to hold accountable persons with „the greatest responsibility" for serious international humanitarian law violations.