Human Rights in International Criminal Proceedings
By (author) Salvatore Zappala
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Human Rights in International Criminal Proceedings by Salvatore Zappala
Book DescriptionThis 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 analyzes the rights conferred on individuals involved in international 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 be caused 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 of procedural rules (such as, the exclusion of evidence as a remedy for violations of rules on discovery). Second, (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 gathering evidence that might exonerate the accused. Third, 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 the ICTY and ICTR.
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Book DetailsISBN: 9780199258918
(242mm x 163mm x 21mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 6-Mar-2003
Country of Publication: United Kingdom
Books By Author Salvatore Zappala
Human Dimension of International Law, Hardback (June 2008)
This volume collects the most important papers of Antonio Cassese, one of the pre-eminent figures in international criminal justice. Ranging over international human rights and humanitarian law, the papers offer the definitive statement of Cassese's thought, and a unique insight into some of the key developments in modern international law.
Human Rights in International Criminal Proceedings, Paperback (January 2005)» View all books by Salvatore Zappala
Deals with the protection of human rights in international criminal proceedings. This book assumes that human rights are the yardstick against which to measure the conformity of international criminal proceedings with the rule of law and fundamental principles of justice.
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Author Biography - Salvatore Zappala
Salvatore Zappala is Professor of international law at the University of Florence.
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