Right or Duty? Is the Accused’s Presence at Trial a Right or a Duty Under International Criminal Law?
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DOI: 10.1007/s10609-016-9298-z
Abstract: International criminal law has long recognised the right of the accused to be present at trial as part of his or her right to a fair trial. However, modern international criminal courts and tribunals have… read more here.
Keywords: trial; duty; right duty; international criminal ... See more keywords
International Criminal Justice Between Scylla and Charybdis—the “Peace Versus Justice” Dilemma Analysed Through the Lenses of Judith Shklar’s and Hannah Arendt’s Legal and Political Theories
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DOI: 10.1007/s12142-017-0481-3
Abstract: The present article discusses the “peace versus justice” dilemma in international criminal justice through the lenses of the respective legal (and political) theories of Judith Shklar and Hannah Arendt—two thinkers who have recently been described… read more here.
Keywords: justice; versus justice; international criminal; peace versus ... See more keywords
Crimes Against the Sovereign Order: Rethinking International Criminal Justice
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DOI: 10.1017/ajil.2019.52
Abstract: Abstract The scope of international criminal jurisdiction poses a fundamental challenge for criminal law theory. Prevailing justifications for the state's authority to punish crime assume the existence of connections between the state and either the… read more here.
Keywords: crimes sovereign; order rethinking; international criminal; sovereign order ... See more keywords
The Politics of International Criminal Law. Edited by Holly Cullen, Philipp Kastner, and Sean Richmond. Leiden, The Netherlands: Brill Nijhoff, 2021. Pp. xii, 389. Index.
Sign Up to like & getrecommendations! Published in 2022 at "American Journal of International Law"
DOI: 10.1017/ajil.2022.6
Abstract: That law and politics are intertwined comes as a surprise only to the naïf. The nature and extent of their relationship, of course, is complicated and nuanced, especially at the international level. The Politics of… read more here.
Keywords: law politics; criminal law; politics international; holly cullen ... See more keywords
NORTHEAST ASIA AND THE INTERNATIONAL CRIMINAL COURT: MEASURING NORMATIVE DISPOSITION
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DOI: 10.1017/jea.2016.29
Abstract: This article aims to understand the policies of three major Northeast Asian states toward the Rome Statute and the International Criminal Court (ICC) that it established. Using a unique measurement tool, it traces the interactions… read more here.
Keywords: court; asia international; international criminal; court measuring ... See more keywords
THE EXPANDING PROTECTION OF MEMBERS OF A PARTY'S OWN ARMED FORCES UNDER INTERNATIONAL CRIMINAL LAW
Sign Up to like & getrecommendations! Published in 2019 at "International and Comparative Law Quarterly"
DOI: 10.1017/s002058931900040x
Abstract: Abstract Does international law govern how States and armed groups treat their own forces? Do serious violations of the laws of war and human rights law that would otherwise constitute war crimes or crimes against… read more here.
Keywords: protection members; law; international criminal; expanding protection ... See more keywords
A New Influence of Legal Scholars? The Use of Academic Writings at International Criminal Courts and Tribunals
Sign Up to like & getrecommendations! Published in 2018 at "Leiden Journal of International Law"
DOI: 10.1017/s0922156518000377
Abstract: Abstract What role have international legal scholars played in the development of international criminal law? Building on recent studies of the citation practices of international courts, the article provides an empirical assessment of the use… read more here.
Keywords: academic writings; new influence; international criminal; courts tribunals ... See more keywords
From bureaucracy to management: The International Criminal Court’s internal progress narrative
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DOI: 10.1017/s092215651800064x
Abstract: Abstract Within international institutions such as the International Criminal Court (ICC), lawyers increasingly encounter managerial practices which are designed to improve organizational efficiency and cost-effectiveness. Charting this trend, scholars have analyzed these practices with a… read more here.
Keywords: court; bureaucracy management; international criminal; bureaucracy ... See more keywords
Pre-trial ‘Protective Measures for the Purpose of Forfeiture’ at the International Criminal Court: Safeguarding and balancing competing rights and interests
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DOI: 10.1017/s0922156519000153
Abstract: Abstract The International Criminal Court is empowered by its constituent instrument to request its states parties to identify, trace, freeze, and seize assets ‘after a warrant of arrest or a summons has been issued …… read more here.
Keywords: court; protective measures; international criminal; criminal court ... See more keywords
Tilting at windmills: Reparations and the International Criminal Court
Sign Up to like & getrecommendations! Published in 2021 at "Leiden Journal of International Law"
DOI: 10.1017/s092215652100025x
Abstract: Abstract More than 20 years on from the signing of the Rome Statute, delivering victim-centred justice through reparations has been fraught with legal and practical challenges. The Court’s jurisprudence on reparations only began to emerge… read more here.
Keywords: court; windmills reparations; tilting windmills; reparations international ... See more keywords
Elevating Cultural Rights Using International Criminal Law—The Asian Story
Sign Up to like & getrecommendations! Published in 2020 at "Asian Journal of International Law"
DOI: 10.1017/s2044251320000211
Abstract: Abstract Codified in Articles 27 and 15(1)(a) of the International Covenant on Civil and Political Rights [ICCPR] and International Covenant on Economic, Social, and Cultural Rights [ICESCR], respectively, cultural rights are still read as distinct… read more here.
Keywords: elevating cultural; law; rights using; international criminal ... See more keywords