• Corpus ID: 154465492

International criminal trials: A normative theory

  title={International criminal trials: A normative theory},
  author={Sergey Vasiliev},
Among the numerous works on international criminal procedure, there has been no study focusing on the international criminal trial as a socio-legal phenomenon and a phase of international criminal proceedings. This book seeks to cover this gap by systematically examining and analyzing the nature and organization of trials conducted by the historical and contemporary international and hybrid criminal tribunals from the Nuremberg International Military Tribunal to the Special Tribunal for Lebanon… 
10 Citations

Trial Process at the ECCC: The Rise and Fall of the Inquisitorial Paradigm in International Criminal Law?

The adherence to the ‘inquisitorial model’ is what distinguishes the criminal procedure in the ECCC from that in all other international and hybrid tribunals. The ECCC’s experience in the two trials

Diversions and Shortcuts in the Law of International Criminal Procedure

In this chapter diversions and shortcuts in international criminal proceedings are discussed. Two diversions are identified in the proceedings before the ICTY, ICTR, and ICC: the guilty plea and the

Human Rights Obligations of the ICTs under International Law

International Criminal Tribunals are not party to any human rights convention, which raises the question whether they have human rights obligations under international law at all. If so, these must

Avoiding a full criminal trial : Fair trial rights , diversions , and shortcuts in Dutch and international criminal proceedings

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Diversions, Shortcuts and the Concept of Fairness

This chapter assesses the applicability of human rights standards to diversions and shortcuts to proof. The case-law of the European Court of Human Rights provides the most authoritative

Adherence and Contextualization: Towards a Methodological Framework for the Interpretation and Application of Human Rights Norms

This chapter provides a synthesis of the analyses of this book and seeks to answer its central research question. The first part of this chapter categorizes the ways in which the ICTs have

The State Obligation to Cooperate under International Law

  • Christopher Soler
  • Political Science
    The Global Prosecution of Core Crimes under International Law
  • 2019
This chapter seeks to establish the extent to which States are entitled to assess if the ICC enjoys jurisdiction in order to determine whether they are obliged to surrender a suspect thereto. The ICC

Model(ing) Justice



The Historical Function of International Criminal Trials: Re-thinking International Criminal Law

The establishment of the International Criminal Court provides an opportunity to re-think international criminal law and procedure, and to develop a more coherent theory of international criminal

Meta-Theory of International Criminal Procedure: Vindicating the Rule of Law

International criminal procedure is in a second phase of development, moving beyond the common law/civil law dichotomy and searching for its sui generis theory. The standard line is that

International Criminal Procedure: Principles and Rules

Identifies and crystallizes the rules and principles of international criminal procedure, based on painstaking analysis of existing case law and practice Provides a comprehensive overview of the

Three Dangers for the International Criminal Court: A Critical Look at a Consensual Project

This article argues that criticism of the International Criminal Court (ICC) has been unduly abandoned to realists and conservatives. Instead, it proposes the contours of a more radical critique of

Tempered Adversariality: The Judicial Role and Trial Theory in the International Criminal Tribunals

International criminal procedure (ICP) has fluctuated uncertainly between common- and civil-law procedural principles. Consensus on the principles underlying ICP is needed to ensure consistent

The Sui Generis Trial Proceedings of the International Criminal Court

It may be difficult to place trial proceedings of international criminal tribunals on the spectrum of classical trial paradigms even though common law and Romano-Germanic law differences are most

Tangling Human Rights and International Criminal Law: The Practice of International Tribunals and the Call for Rationalized Legal Pluralism

International criminal tribunals have often resorted to human rights law in order to ground their rulings. Acknowledging that international criminal law results from the combination of human rights

Searching for Law While Seeking Justice: The Difficulties of Enforcing International Humanitarian Law in International Criminal Trials

International criminal law finds itself at the confluence of public international law, international humanitarian law, human rights law and national criminal laws. Our understanding of the

Synthesis in Trial Procedures? The Experience of International Criminal Tribunals

  • M. Findlay
  • Law
    International and Comparative Law Quarterly
  • 2001
Critical to analysing the recent synthesis of criminal trial procedures is an understanding of the internationalisation of criminal law and procedure.1 As well as the creation of international

Collective Violence and Individual Punishment: The Criminality of Mass Atrocity

There is a recent proliferation of courts and tribunals to prosecute perpetrators of genocide, war crimes, and crimes against humanity. The zenith of this institution-building is the permanent