Human Rights in International Criminal Proceedings

by Salvatore Zappala

Overview

This 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.

Product Details

ISBN-13:	9780199258918
Publisher:	Oxford University Press
Publication date:	05/15/2003
Series:	Oxford Monographs in International Law
Pages:	308
Product dimensions:	9.20(w) x 6.20(h) x 0.90(d)

About the Author

After having completed his studies in Law at the University of Catania, in 1995, Salvatore Zappalà worked for the UN Tribunal for the former Yugoslavia, in The Hague, first in the Registry and subsequently in Chambers (1995-1997).
He left The Hague in September 1997 to do his Ph.D. in Legal Sciences at the European University Institute (FI) under the supervision of Prof. Philip Alston (1997-2000). He defended his thesis in June 2000.
In the academic year 2000/2001 he joined the University of Pisa, where he currently works as lecturer in international law. He also teaches international law at the Naval Academy of Livorno.

Table of Contents

1. INTRODUCTIONA HUMAN RIGHTS APPROACH TO INTERNATIONAL CRIMINAL JUSTICETHE EXTENSION OF THE NOTION OF FAIR TRIAL TO INTERNATIONAL CRIMINAL PROCEEDINGSWHAT TYPE OF RELATIONSHIP EXISTS BETWEEN HUMAN RIGHTS MONITORING SYSTEMS AND INTERNATIONAL CRIMINAL COURTS? ACCUSATORIAL AND INQUISITORIAL MODELS IN INTERNATIONAL CRIMINAL PROCEDURE - TO WHAT EXTENT DO THEY IMPINGE UPON THE RIGHTS OF INDIVIDUALS? 2. THE RIGHTS OF PERSONS DURING INVESTIGATIONSTHE INITIATION OF INVESTIGATIONS AND THE POWERS OF THE INVESTIGATIVE AUTHORITYTHE RIGHTS OF SUSPECTS IN INTERNATIONAL CRIMINAL PROCEEDINGS3. THE RIGHTS OF THE ACCUSED IN TRIAL PROCEEDINGSTHE PRESUMPTION OF INNOCENCETHE RIGHT TO BE JUDGED BY AN INDEPENDENT AND IMPARTIAL TRIBUNALTHE RIGHT TO A FAIR AND EXPEDITIOUS TRIALRULES OF EVIDENCE AND RIGHTS OF THE ACCUSED - SOME PROBLEMATICAL ISSUES4. THE RIGHT OF THE ACCUSED TO APPEAL AND REVISIONGENERAL - THE RIGHTS OF APPEAL AND REVISION AS A MEANS FOR OBTAINING REDRESS (JUDICIAL AND NON-JUDICIAL REMEDIESTHE RIGHT OF THE ACCUSED TO APPEAL: FROM NUREMBERG AND TOKYO TO THE AD HOC TRIBUNALS AND THE ICCTHE RIGHT OF CONVICTED PERSONS TO REVIEWCONCLUDING REMARKS5. PENALTIES, ENFORCEMENT MECHANISMS AND THE RIGHTS OF CONVICTED PERSONSTHE MAJOR GOALS OF INTERNATIONAL PENALTIES AND THE LEGAL EXPECTATIONS OF CONVICTED PERSONSTHE ENFORCEMENT MECHANISMS AND THE RIGHTS OF SENTENCED PERSONS6. THE POSITION OF PERSONS OTHER THAN THE ACCUSEDVICTIMSWITNESSES7. CONCLUDING REMARKSTHE CENTRAL ROLE OF HUMAN RIGHTS IN INTERNATIONAL TRIALS: FROM NUREMBERG TO ROMETHE PROBLEM OF PROCEDURAL MODELS: THE NEED FOR A PRINCIPLED APPROACH TO INTERNATIONAL CRIMINAL PROCEDURERESPECT FOR HUMAN RIGHTS IN INTERNATIONAL TRIALS: A FEW OUTSTANDING PROBLEMSGENERAL SUGGESTIONS FOR IMPROVING HUMAN RIGHTS PROTECTION IN INTERNATIONAL CRIMINAL PROCEEDINGS