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The Legitimacy of International Criminal Tribunals

£110.00

Part of Studies on International Courts and Tribunals

Nobuo Hayashi, Cecilia M. Bailliet, Joanna Nicholson, Larry May, Shannon Fyfe, Silje Aambø Langvtan, Theresa Squatrito, Sergey Vasiliev, Asad Kiyani, Athanasios Chouliaras, Rogier Bartels, Jakob V. H. Holtermann, Timothy William Waters, Ignaz Stegmiller, Dorothy Makaza, Martin Wählisch, Damien Rogers, Barbora Hola, Jessica Kelder, Joris van Wijk, Stephen Smith Cody, Victor Peskin, Mistale Taylor, Kjersti Lohne
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  • Date Published: January 2017
  • availability: Available
  • format: Hardback
  • isbn: 9781107146174

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  • With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.

    • Topics cover not only law but also philosophy, political science, social anthropology and criminology, appealing to scholars, students and practitioners in these fields
    • Provides contributions from seasoned academics and emerging scholars giving readers access to well-established views as well as new critical approaches
    • The book's organisational structure will allow it to be referred to either systematically or thematically
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    Product details

    • Date Published: January 2017
    • format: Hardback
    • isbn: 9781107146174
    • length: 524 pages
    • dimensions: 229 x 152 x 29 mm
    • weight: 0.87kg
    • availability: Available
  • Table of Contents

    Introduction Nobuo Hayashi, Cecelia M. Bailliet and Joanna Nicholson
    Part I. Theories and Perspectives:
    1. The legitimacy of international criminal tribunals Larry May and Shannon Fyfe
    2. Conceptualising and measuring the legitimacy of international criminal tribunals Silje Aambø Langvatn and Theresa Squatrito
    3. Between international criminal justice and injustice: theorising legitimacy Sergey Vasiliev
    4. Legitimacy, legality, and the possibility of a pluralist international criminal law Asad Kiyani
    5. The legitimacy and effectiveness of international criminal tribunals: a criminal policy perspective Athanasios Chouliaras
    Part II. Norms and Objectives:
    6. Legitimacy and ICC jurisdiction following Security Council referrals: conduct on the territory of non-Party States and the legality principle Rogier Bartels
    7. Is the Yugoslav Tribunal guilty of hyper-humanising international humanitarian law? Nobuo Hayashi
    8. 'One of the challenges that can plausibly be raised against them'? On the role of truth in debates about the legitimacy of international criminal tribunals Jakob V. H. Holtermann
    9. Hidden legitimacy: crafting judicial narratives in the shadow of secrecy at a war crimes tribunal - a speculation Timothy William Waters
    Part III. Complementarity and Regionalism:
    10. Positive complementarity and legitimacy - is the International Criminal Court shifting from judicial restraint towards intervention? Ignaz Stegmiller
    11. African supranational criminal jurisdiction: one step towards ending impunity or two steps backwards for international criminal justice? Dorothy Makaza
    12. Legitimacy defects and legal flaws of the Special Tribunal for Lebanon: dilemmas of the 'peace through justice' theorem Martin Wählisch
    Part IV. Parties to the Proceedings:
    13. Prosecutors' opening statements: the rhetoric of law, politics and silent war Damien Rogers
    14. Effectiveness of international criminal tribunals: empirical assessment of rehabilitation as sentencing goal Barbora Hola, Jessica Kelder and Joris van Wijk
    15. Procedural justice, legitimacy, and victim participation in Uganda Stephen Smith Cody
    Part V. States and NGOs:
    16. Things fall apart: battles of legitimation and the politics of noncompliance and African sovereignty from the Rwanda tribunal to the ICC Victor Peskin
    17. Financing lady justice: how the funding systems of ad hoc tribunals could lend themselves to the possibility of judicial bias Mistale Taylor
    18. Claiming authority in the name of the other: human rights NGOs and the ICC Kjersti Lohne.

  • Editors

    Nobuo Hayashi, Universitetet i Oslo
    Nabuo Hayashi is a researcher at PluriCourts at Universitetet i Oslo. He is a specialist in international humanitarian law, international criminal law, and moral philosophy.

    Cecilia M. Bailliet, Universitetet i Oslo
    Cecilia M. Bailliet is Professor and Director of the Masters Program in Public International Law at Universitetet i Oslo. She has published widely within the areas of international law, human rights, refugee law, counter-terrorism and peace. She is currently on the Steering Committee of PluriCourts research project where she is Coordinator of the International Criminal Law Pillar.

    Contributors

    Nobuo Hayashi, Cecilia M. Bailliet, Joanna Nicholson, Larry May, Shannon Fyfe, Silje Aambø Langvtan, Theresa Squatrito, Sergey Vasiliev, Asad Kiyani, Athanasios Chouliaras, Rogier Bartels, Jakob V. H. Holtermann, Timothy William Waters, Ignaz Stegmiller, Dorothy Makaza, Martin Wählisch, Damien Rogers, Barbora Hola, Jessica Kelder, Joris van Wijk, Stephen Smith Cody, Victor Peskin, Mistale Taylor, Kjersti Lohne

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