Transforming International Criminal Justice: Retributive and Restorative Justice in the Trial Process

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This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of ...

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Transforming International Criminal Justice

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Overview

This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalis

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Product Details

  • ISBN-13: 9781843920786
  • Publisher: Taylor & Francis
  • Publication date: 6/1/2005
  • Pages: 448
  • Product dimensions: 6.00 (w) x 9.40 (h) x 1.60 (d)

Table of Contents

Contents Introduction Part 1 1 Theorising the contextual analysis of trial process 2 Criminal justice modelling and trial process 3 Methods for analysing trials comparatively Part 2 4 Trials in transition 5 Another trial style? 6 Sentencing for what? Part 3 7 Restorative international criminal justice and the place of the trial 8 Transformed trials and new ICJ paradigms Annotated bibliography Index

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