International justice against impunity : progress and new challenges / Yves Beigbeder.

Format:

Book

Author/Creator:

Beigbeder, Yves.

Language:

English

Subjects (All):

International criminal courts.

War crimes.

International crimes.

Physical Description:

1 online resource (257 p.)

Edition:

1st ed.

Place of Publication:

Boston : Martinus Nijhoff Publishers, c2005.

Language Note:

English

Summary:

This volume reviews the achievements and limitations of the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the creation of mixed national/international courts: the Special Court for Sierra Leone and the Cambodia Tribunal. The major, unexpected and promising judiciary innovation is however the creation of the International Criminal Court in 1998, supported by the UN, European Union members and other countries, effectively promoted by NGOs, but strongly opposed by the USA. The Court will have to show that it is a fair and valuable instrument in fighting impunity at the international level.

Contents:

Intro

Title Page

Copyright Page

Table of Contents

FOREWORD

INTRODUCTION

The Nuremberg and Tokyo Tribunals

The Human Rights Regime

The International Criminal Tribunals for the Former Yugoslavia and Rwanda

Mixed National/International Tribunals

The International Criminal Court

Friends and Foes of the Court

The International Court of Justice and International Criminal Tribunals

Notes

LIST OF ABBREVIATIONS

LIST OF PRESENTATIONS

1 THE WEAKNESSES OF NATIONAL JUSTICE

Selected Countries and Responsible Leaders

North Korea: Kim Jong II

Ethiopia: Mengistu Haile Mariam

Uganda: Idi Amin Dada Oumee

Indonesia: Generals Suharto and Wiranto

Military Regimes in Latin America

Chile: Augusto Pinochet

Progress in Argentina

Progress in Mexico

Criminal Justice in Democratic Countries

French amnesties and amnesia

The US in Vietnam: unwilling military justice

Justice denied: the Guantanamo detainees

The position of the International Committee of the Red Cross (ICRC)

The Third Geneva Convention of 12 August 1949

Military commissions

Releases from Guantanamo

Authorized torture revealed

The Supreme Court decisions of 28 June 2004

Assessment

A Test Case: the Trial of Saddam Hussein

Conclusion

2 UNIVERSAL JURISDICTION

Implementation of the Principle

Crimes under International Law Subject to Universal Jurisdiction

War crimes

Crimes against humanity

Genocide

Apartheid

Torture

Universal Jurisdiction at the National Level

Belgium

Spain

Canada

USA

France

Universal Jurisdiction: a Flawed Doctrine?

3 THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

Common Traits between the Two Generations of Tribunals

Differences between the Two Generations of Tribunals.

The Conflict in the Former Yugoslavia

Creation of the ICTY

The objectives of the Tribunal

Mandate and structure

Budget and staffing

The Work of the Tribunal

A new strategy

Plea-bargaining

'Big fish' before the Tribunal

Sentencing guidelines

Cooperation by governments

4 THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA

The Context

Mandate and Structure

The removal of Carla del Ponte

Rwanda's Relations with the Tribunal

The Tribunal's Performance

A slow process

The Tribunal's strategy

Achievements

Enforcement of sentences

National Justice

The gacaca courts

5 MIXED NATIONAL-INTERNATIONAL TRIBUNALS

Sierra Leone's Special Court

Historical background

The creation of an independent Special Court

The Statute of the Court

The Court's beginnings

The Court's decisions in 2004

Relationship with the Truth and Reconciliation Commission

The Delayed Trial of the Khmer Rouge Leaders

The first political trials

Towards a mixed national-international tribunal

The Agreement

Recent developments

East Timor (now Timor Leste): the Serious Crimes Unit

6 THE INTERNATIONAL CRIMINAL COURT

The Origins

The Rome Statute

Status of the Court

Structure of the Court

The crimes

Prosecution

Limitations of the Court's powers

Rights of the accused

Rights of victims and witnesses

Reparations

Penalties

Cooperation with states

Financing the Court

Signatures and ratifications

Amendments and Review of the Statute

The Preparatory Commission for the ICC

Building the Court

The first session of the Assembly of States Parties

The second session of the Assembly of States Parties.

The third session of the Assembly of the States Parties

The First Referrals of Situations

Uganda

The Democratic Republic of Congo

Central African Republic

7 FRIENDS AND FOES OF THE INTERNATIONAL CRIMINAL COURT

Friends of the Court

Friendly states

UN organizations and secretariat heads

European Union

Parliamentarian groups and other regional organizations

The International Committee of the Red Cross

Other non-governmental organizations

The USA, Russia and China

The American crusade against the Court

Bilateral agreements

Opposition to the Bilateral Agreements

The Security Council resolutions

US objections to the ICC - and rebuttal

Will Russia ratify the Statute?

China's tacit opposition

8 INTERNATIONAL CRIMINAL TRIBUNALS AND THE INTERNATIONAL COURT OF JUSTICE

Issues in the Tadic Case

Concurrent Procedures before the ICJ and the International Criminal Tribunals

The Genocide Convention

Non-conflictual Issues and Decisions

Criminal responsibility of senior officials

The binding force of international tribunals' judgments

9 CONCLUSION

International Justice

The first generation of international criminal tribunals: Nuremberg and Tokyo

The second generation: Yugoslavia and Rwanda

The International Criminal Tribunal for the Former Yugoslavia (lCTY)

The International Criminal Tribunal for Rwanda (ICTR)

The mixed national-international tribunals

SELECT BIBLIOGRAPHY

INDEX.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references (p. [237]-239) and index.

ISBN:

1-280-86878-3

9786610868780

90-474-0779-2

OCLC:

182530534