Standing up for justice : the challenges of trying atrocity crimes / Theodor Meron.

Format:

Book

Author/Creator:

Meron, Theodor, 1930- author.

Language:

English

Subjects (All):

International criminal courts.

Atrocities--Law and legislation.

Atrocities.

Judicial process.

Physical Description:

1 online resource

Edition:

First edition.

Place of Publication:

Oxford, England ; New York, New York : Oxford University Press, [2021]

Summary:

Judge Theodor Meron addresses the key questions facing the international criminal justice system, drawing on two decades of experience as an international judge and a distinguished academic career. He provides insights into judicial independence and the principle of fairness in trying cases before international criminal courts and tribunals.

Contents:

Intro

Title Page

Copyright Page

Contents

Preface

PART I: SETTING THE SCENE

I. Roots: The Road to Judgeship

The Holocaust

And Life Goes On

The Palestine Opinions

In Academia

The International Committee of the Red Cross

The Dauchy Case

The State Department

Judgeships

Shakespeare

Oxford

Looking Back

II. From Classroom to a Criminal Courtroom

III. Moving from Nuremberg to The Hague

The Necessity to Establish a Tribunal for the Former Yugoslavia

State of the Law: The Example of Rape

Non-International Armed Conflicts

Nuremberg Proceedings

Moving Forward with the Law and Due Process

Justifying International Criminal Tribunals

PART II: PRINCIPLES, GOALS, PROCESSES

IV. The Rule of Law, the Principle of Legality and Due Process

The Rule of Law

Reifying Rule of Law Principles

Principle of Legality

Selective Accountability

Due Process

V. Trying Violations of Human Rights in International Criminal Tribunals

Post-World War II Changes

The Establishment of International Criminal Tribunals

Common Article 3 and Crimes Against Humanity

Persecution

VI. Judicial Independence and Impartiality

Why Judicial Independence Matters

Ensuring an Independent Judiciary

Judicial Selection

Should Judges Respond to Outside Criticism?

Judicial Assignments and Court Presidents

Judicial Bias and Recusal

Institutional Design and Management

The Presidency and the Prosecution

Communicating with the Public

Rules and Obstructive Behavior of Defendants

The Saga of the Turkish Judge Akay

VII. Judicial Decision-Making and Deliberations

Decision-Making

The uniqueness of the Tribunals

Decision-makers

Judges and staff-background

Judges-processes

The Deliberation Process at International Criminal Tribunals.

Civil Law and Common Law Courts

Deliberations at the ICTY/ICTR Appeals Chambers

Appeals from Judgements

Before the hearing

The hearing

After the hearing

Sentencing deliberations

Separate/dissenting opinions

Interlocutory appeals, pre-appeal decisions and petitions for review

Deliberations at the Trial Chambers

Challenges for the Mechanism

VIII. Keeping POWs Safe: The Ovčara Massacre

IX. General Gotovina: A Controversial Acquittal

The Background

I. Excerpts from the Appeals Chamber Majority Judgement of Acquittal of Gotovina

II. A Separate Opinion on Alternate Modes of Liability

III. Judgement of the ICJ Supporting the Gotovina Majority Decision

PART III: SELECTED DECISIONS

X. Fleshing Out Principles of Fairness

Prosecutor v. Ngirabatware

Nahimana, Barayagwiza and Ngeze v. The Prosecutor

Prosecutor v. Galić

Renzaho v. The Prosecutor

Prosecutor v. Hadžihasanović and Kubura

Prosecutor v. Šešelj

Prosecutor v. Mladić

Slobodan Milošević v. The Prosecutor

Prosecutor v. Slobodan Milošević

Zigiranyirazo v. The Prosecutor

Prosecutor v. Prlić, Stojić, Praljak, Petković, Ćorić and Pušić

Prosecutor v. Karadžić

Prosecutor v. Nyiramasuhuko, Ntahobali, Nsabimana, Nteziryayo, Kanyabashi and Ndayambaje

Mugenzi and Mugiraneza v. The Prosecutor

Prosecutor v. Dragan Nikolić

Prosecutor v. Bralo

Ntabakuze v. The Prosecutor

Prosecutor v. Mrkšić, Šljivančanin

XI. Writing Separately: My Dissenting and Concurring Opinions

Bagosora and Nsengiyumva v. The Prosecutor

Prosecutor v. Strugar

Prosecutor v. Halilović

Gacumbitsi v. The Prosecutor

Prosecutor v. Gotovina and Markač.

Prosecutor v. Brđanin

Muvunyi v. The Prosecutor

Prosecutor v. Stakić

XII. Early Release of Prisoners Decisions

Background

Key Early Release Decisions

Prosecutor v. Bisengimana

Prosecutor v. Ntakirutimana

Prosecutor v. Lazarević

Prosecutor v. Beara

Prosecutor v. Kunarac

Prosecutor v. Simba

Prosecutor v. Ćorić

EPILOGUE

XIII. The Road Ahead: Does International Justice Work?

Invigorate the New Era of Accountability

Close the Accountability Gap

Comply with Existing Obligations

Encourage and Invigorate Prosecutions under the Principle of Universal Jurisdiction

Review and Revise Laws and Practices to Ensure Due Process, Fair Trials and Judicial Independence

Invest in Justice Infrastructure

Consider and Support Regional Accountability Initiatives

Develop Innovative Solutions to Foster Greater Accountability- and Revisit or Recycle Past Approaches Where Appropriate

Foreswear Amnesties and Targeted Immunities

Sustain Support for and Cooperation with Existing Accountability Mechanisms

Tackle Apathy, Intransigence and the Absence of Political Will

Measure Success

Reflecting on my Personal Journey

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

Other Format:

Print version:

ISBN:

0-19-260862-2

0-19-189585-7

OCLC:

1224020565