Human Rights In International Criminal Proceedings

Paperback | January 27, 2005

bySalvatore Zappala

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This book takes a procedural approach to human rights guarantees in international criminal proceedings and covers both the systems of the ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court. It analyses the rights conferred on individuals involved ininternational criminal trials from the commencement of investigations to the sentencing stage, as well as the procedural rights of victims and witnesses. The study focuses on problems which have emerged in three main areas: (i) length of proceedings; (ii) absence of specific sanctions and other remedies for violation of procedural rules; (iii) the need to strengthen the protection of the accused from undue interference with his rights (likely to becaused by a variety of factors, such as conflicting governmental interests, the presence of malicious witnesses, or inadequate legal assistance). Three general suggestions are made to reduce the impact of these weaknesses. First, it could be helpful to adopt specific sanctions for violation ofprocedural rules (such as, the exclusion of evidence as a remedy for violations of rules on discovery). Secondly, (as has already been provided for in the ICC Statute,) the Prosecutor of the ad hoc Tribunals should play a proactive role in the search for the truth by, among other things, gatheringevidence that might exonerate the accused. Thirdly, the right of compensation for unlawful arrest (or detention) and unjust conviction, provided for in the ICC Statute, should be extended to other serious violations of fundamental rights and, in addition, should be laid down in the Statutes of theICTY and ICTR.

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This book takes a procedural approach to human rights guarantees in international criminal proceedings and covers both the systems of the ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court. It analyses the rights conferred on individuals involved ininternational criminal trials from the commencem...

Salvatore Zappala is Professor of international law at the University of Florence.

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Format:PaperbackDimensions:312 pages, 9.21 × 6.14 × 0.72 inPublished:January 27, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199280932

ISBN - 13:9780199280933

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Table of Contents

Chapter 1 INTRODUCTIONA HUMAN RIGHTS APPROACH TO INTERNATIONAL CRIMINAL JUSTICETHE EXTENSION OF THE NOTION OF FAIR TRIAL TO INTERNATIONAL CRIMINAL PROCEEDINGSWHAT TYPE OF RELATIONSHIP EXISTS BETWEEN HUMAN RIGHTS MONITORING SYSTEMS AND INTERNATIONAL CRIMINAL COURTS?ACCUSATORIAL AND INQUISITORIAL MODELS IN INTERNATIONAL CRIMINAL PROCEDURE - TO WHAT EXTENT DO THEY IMPINGE UPON THE RIGHTS OF INDIVIDUALS?Chapter 2 THE RIGHTS OF PERSONS DURING INVESTIGATIONSTHE INITIATION OF INVESTIGATIONS AND THE POWERS OF THE INVESTIGATIVE AUTHORITY THE RIGHTS OF SUSPECTS IN INTERNATIONAL CRIMINAL PROCEEDINGSChapter 3 THE RIGHTS OF THE ACCUSED IN TRIAL PROCEEDINGSTHE PRESUMPTION OF INNOCENCE THE RIGHT TO BE JUDGED BY AN INDEPENDENT AND IMPARTIAL TRIBUNALTHE RIGHT TO A FAIR AND EXPEDITIOUS TRIALRULES OF EVIDENCE AND RIGHTS OF THE ACCUSED - SOME PROBLEMATICAL ISSUESChapter 4 THE RIGHT OF THE ACCUSED TO APPEAL AND REVISIONGENERAL - THE RIGHTS OF APPEAL AND REVISION AS A MEANS FOR OBTAINING REDRESS (JUDICIAL AND NON-JUDICIAL REMEDIESTHE RIGHT OF THE ACCUSED TO APPEAL: FROM NUREMBERG AND TOKYO TO THE AD HOC TRIBUNALS AND THE ICCTHE RIGHT OF CONVICTED PERSONS TO REVIEWCONCLUDING REMARKSChapter 5 PENALTIES, ENFORCEMENT MECHANISMS AND THE RIGHTS OF CONVICTED PERSONSTHE MAJOR GOALS OF INTERNATIONAL PENALTIES AND THE LEGAL EXPECTATIONS OF CONVICTED PERSONSTHE ENFORCEMENT MECHANISMS AND THE RIGHTS OF SENTENCED PERSONSChapter 6 THE POSITION OF PERSONS OTHER THAN THE ACCUSEDVICTIMSWITNESSESChapter 7 CONCLUDING REMARKS THE CENTRAL ROLE OF HUMAN RIGHTS IN INTERNATIONAL TRIALS: FROM NUREMBERG TO ROME THE PROBLEM OF PROCEDURAL MODELS: THE NEED FOR A PRINCIPLED APPROACH TO INTERNATIONAL CRIMINAL PROCEDURERESPECT FOR HUMAN RIGHTS IN INTERNATIONAL TRIALS: A FEW OUTSTANDING PROBLEMSGENERAL SUGGESTIONS FOR IMPROVING HUMAN RIGHTS PROTECTION IN INTERNATIONAL CRIMINAL PROCEEDINGS

Editorial Reviews

`'the interests of the accused and the rights of defence are a primary concern ... in the jurisprudence of the ad hoc Tribunals brilliantly analysed ... by Salvatore Zappala''Prof. G. Abi-Saab, Journal of International Criminal Justice 2003 at 596.