Results for 'International criminal court'

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  1. International Criminal Court, the Trust Fund for Victims and Victim Participation.Jovana Davidovic - 2013 - In Larry May Elizabeth Edenberg (ed.), Jus Post Bellum and Transitional Justice. Cambridge University Press. pp. 217-243.
    Once commonly held, the claim that international prosecutions have a valuable role to play in transitional processes has in recent years come under attack. This attack has generally been grounded in the assertion that inter-national criminal prosecutions undermine reconciliation.I believe that the international criminal prosecutions in general and the International Criminal Court (ICC) in particular can play a meaningful role in sustaining peace and making transitional periods smoother and faster. However, the role the (...)
     
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  2.  35
    International Criminal Courts and Political Reconciliation.Tracy Isaacs - 2016 - Criminal Law and Philosophy 10 (1):133-142.
    In A Moral Theory of Political Reconciliation, Colleen Murphy devotes a full chapter to arguing that international criminal trials make significant contributions to political reconciliation within post-conflict and transitional societies. While she is right to claim that these trials serve an important function, I take issue with her with respect to what that important function is. Whereas Murphy focuses on the contributions international criminal prosecutions might make to political reconciliation within the borders of transitional societies, I (...)
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  3. Medical evidence at the International Criminal Court - dosage and contraindications.Caroline Fournet - 2020 - In Caroline Fournet & Anja Matwijkiw (eds.), Biolaw and international criminal law: towards interdisciplinary synergies. Boston: Brill Nijhoff.
     
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  4.  15
    The International Criminal Court's Provisional Authority to Coerce.Antonio Franceschet - 2012 - Ethics and International Affairs 26 (1):93-101.
    The United Nations ad hoc tribunals in the former Yugoslavia and Rwanda had primacy over national judicial agents for crimes committed in these countries during the most notorious civil wars and genocide of the 1990s. The UN Charter granted the Security Council the right to establish a tribunal for Yugoslavia in the context of ongoing civil war and against the will of recalcitrant national agents. The Council used that same right to punish individuals responsible for a genocide that it failed (...)
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  5. International criminal courts, the rule of law, and the prevention of harm : building justice in times of injustice.Leslie P. Francis & John G. Francis - 2010 - In Larry May & Zachary Hoskins (eds.), International Criminal Law and Philosophy. Cambridge University Press.
  6. African Challenges to the International Criminal Court: An Example of Populism?Renee Nicole Souris - 2020 - In AMINTAPHIL: The Philosophical Foundations of Law and Justice. pp. 255-268.
    Recent global efforts of the United States and England to withdraw from international institutions, along with recent challenges to human rights courts from Poland and Hungary, have been described as part of a growing global populist backlash against the liberal international order. Several scholars have even identified the recent threat of mass withdrawal of African states from the International Criminal Court (ICC) as part of this global populist backlash. Are the African challenges to the ICC (...)
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  7.  47
    The end of 'the end of impunity'? The international criminal court and the challenge from truth commissions.Jakob vH Holtermann - 2010 - Res Publica 16 (2):209-225.
    With its express intention ‘to put an end to impunity’, the International Criminal Court (ICC) faces a substantial challenge in the shape of conditional amnesties granted in future national truth commissions (TCs)—a challenge that invokes fundamental considerations of criminal justice ethics. In this article, I give an account of the challenge, and I consider a possible solution to it presented by Declan Roche. According to this solution the ICC-prosecutor should respect national amnesties and prosecute and punish (...)
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  8.  33
    Why the International Criminal Court Must Pretend to Ignore Politics.Michael J. Struett - 2012 - Ethics and International Affairs 26 (1):83-92.
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  9. Aspirational justice : achieving equity for children using the convention on the rights of the child and the international criminal court's policy on children.Susan E. Zinner - 2020 - In Caroline Fournet & Anja Matwijkiw (eds.), Biolaw and international criminal law: towards interdisciplinary synergies. Boston: Brill Nijhoff.
  10.  34
    A “Slice of Cheese”—a Deterrence-Based Argument for the International Criminal Court.Jakob von Holderstein Holtermann - 2010 - Human Rights Review 11 (3):289-315.
    Over the last decade, theorists have persistently criticised the assumption that the International Criminal Court (ICC) can produce a noteworthy deterrent effect. Consequently, consensus has emerged that we should probably look for different ways to justify the ICC or else abandon the prestigious project entirely. In this paper, I argue that these claims are ill founded and rest primarily on misunderstandings as to the idea of deterrence through punishment. They tend to overstate both the epistemic certainty as (...)
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  11.  13
    Rough Justice: The International Criminal Court in a World of Power Politics, David Bosco , 312 pp., $29.95 cloth.Kenneth A. Rodman - 2015 - Ethics and International Affairs 29 (3):348-350.
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  12.  23
    Ecocide, the Anthropocene, and the International Criminal Court.Adam Branch & Liana Minkova - 2023 - Ethics and International Affairs 37 (1):51-79.
    The recent proposal by the Independent Expert Panel of the Stop Ecocide initiative to include the crime of ecocide in the International Criminal Court's Rome Statute has raised expectations for preventing and remedying severe environmental harm through international prosecution. As alluring as this image is, we argue that ecocide prosecutions may be the most difficult, perhaps even impossible, in precisely the cases that the ICC would need to be concerned with; namely, the gravest global incidents of (...)
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  13.  19
    The Transcivilisational Perspective and the Universalism of the International Criminal Court.Elisa Orrù - 2014 - Storia Del Pensiero Politico 3 (2):285-310.
    The International Criminal Court (ICC) seems to have finally realized the ending legal globalists have long yearned for: a potentially universal, centralized and permanent court, able to enforce international humanitarian law without the mediation of the state. A legal system of mankind seems now more possible than ever before. The universalistic claim of the ICC, I contend in this article, is nevertheless potentially biased by a West-centric prejudice. Critically drawing on the transcivilizational perspective suggested by (...)
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  14.  13
    The Economics of Exceptionalism: The US and the International Criminal Court.Tiphaine Dickson - 2016 - Essays in the Philosophy of Humanism 24 (2):135-148.
    This article is a response to a call for a study of international criminal law as an economic phenomenon, going beyond addressing administrability, commensurability, and interpersonal comparison of utility, band instead focusing on problems of institutional choice. This approach differs from the typical methods of normative and descriptive scholarship of international criminal law. An institution like the International Criminal Court can be usefully examined as an international public good, and as such offering (...)
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  15.  22
    Trials as Messages of Justice: What Should Be Expected of International Criminal Courts?Tim Meijers & Marlies Glasius - 2016 - Ethics and International Affairs 30 (4):429-447.
    This article addresses the question what—if anything—we can and should expect from the practice of international criminal justice. It argues that neither retributive nor purely consequentialist, deterrence-based justifications give sufficient guidance as to what international criminal courts should aim to achieve. Instead, the legal theory of expressivism provides a more viable guide. Contrary to other expressivist views, this article argues for the importance of the trial, not just the punishment, as a form of expressivist messaging. Specifically, (...)
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  16.  19
    Avoiding Discomfort, Implying Consent: The Role of Euphemism in Establishing Evidence of Sexual Violence at the International Criminal Court.Ana-Maria Jerca - 2024 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 37 (2):429-447.
    The International Criminal Court (ICC) is responsible for prosecuting individuals for heinous crimes that take place during civil and/or international armed conflicts, including sexual violence. Prosecuting this crime relies primarily on survivor accounts, but witnesses often fear the psychological effects of giving such testimony, particularly because there is a high risk of retraumatization, a stigma associated with victimhood, and a fear of victim-blaming. Thus, the Court’s Victims and Witness Unit (VWU) puts forth provisions for questioning (...)
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  17.  21
    Challenging sovereignty? The USA and the establishment of the International Criminal Court.Marlene Wind - 2009 - Ethics and Global Politics 2 (2):83-108.
    Does the establishment of a permanent InternationalWar Crimes Tribunal (International Criminal Court - ICC) constitute a challenge to national sovereignty? According to previous US governments and several American observers, the answer is yes. Establishing a world court that acts independently of the states that gave birth to it renders the idea of sovereignty meaningless. This article analyzes the American objections to the ICC and the conception of sovereignty and international law underlying these objections. It first (...)
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  18.  4
    A “Slice of Cheese”—a Deterrence-Based Argument for the International Criminal Court.Jakob von Holtermann - 2010 - Human Rights Review 11 (3):289-315.
    Over the last decade, theorists have persistently criticised the assumption that the International Criminal Court (ICC) can produce a noteworthy deterrent effect. Consequently, consensus has emerged that we should probably look for different ways to justify the ICC or else abandon the prestigious project entirely. In this paper, I argue that these claims are ill founded and rest primarily on misunderstandings as to the idea of deterrence through punishment. They tend to overstate both the epistemic certainty as (...)
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  19.  23
    Overcoming Statism from Within: The International Criminal Court and the Westphalian System.Kevin W. Gray & Kafumu Kalyalya - 2016 - Critical Horizons 17 (1):53-65.
    This paper argues that cosmopolitan law has been more successfully achieved not by appeal to a supra-state authority or community, but by the development of features of existing treaty law. Specifically, it shows how the International Criminal Court's jurisdiction over serious human rights violations has been extended to the citizens and territories of non-member states – and even to otherwise immune state officials – not by challenging the sovereignty of non-member states directly, but on the basis of (...)
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  20.  28
    The arbitrary circumscription of the jurisdiction of the international criminal court.Thomas Christiano - 2020 - Critical Review of International Social and Political Philosophy 23 (3):352-370.
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  21.  22
    Global Goals versus Bilateral Barriers? The International Criminal Court in the Context of US Relations with Germany and Japan.Kerstin Lukner - 2012 - Japanese Journal of Political Science 13 (1):83-104.
    This article deals with the International Criminal Court (ICC) as a point of contention in US relations with Germany and Japan. Both countries rank among America's closest allies, but they have also been supporting the establishment and operation of the ICC, although each to a different extent. The article analyzes the reasons for the three countries-vis the US. It suggests that Berlin's idealistic position and full ICC support on the one hand, as well as Japan's cautious and (...)
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  22.  20
    The Bête Noire and the Noble Lie: The International Criminal Court and (the Disavowal of) Politics.Christof Royer - 2019 - Criminal Law and Philosophy 13 (2):225-246.
    For the traditional legalistic discourse on the International Criminal Court, “politics” is a bête noire that compromises the independence of the Court and thus needs to be avoided and overcome. In response to this legalistic approach, a burgeoning body of literature insists that the Court does not exist and operate “beyond politics”, arguing that the ICC is an institution where law and politics are intimately connected. The present article seeks to contribute to this “non-traditional” literature (...)
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  23.  8
    Bringing Power to Justice?: The Prospects of the International Criminal Court.Joanna Harrington, Michael Milde & Richard Vernon - 2006 - McGill-Queen's Press - MQUP.
    The world's first permanent international criminal tribunal for the prosecution and punishment of the world's most serious crimes was created in 2002. In Bringing Power to Justice? legal scholars, political scientists, and political philosophers respond to fundamental questions about the future of this court and international criminal justice. For instance, will the ICC be undermined by political constraints, given the opposition of major powers, including the United States? What are the implications of holding heads of (...)
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  24.  35
    Crimes Against Humanity in Colombia: The International Criminal Court’s Jurisdiction Over the May 2003 Attack on the Betoyes Guahibo Indigenous Reserve and Colombian Accountability. [REVIEW]Aimee Bolletino - 2008 - Human Rights Review 9 (4):491-511.
    The Colombian military and the United Self-Defense Forces of Colombia (AUC) have committed systematic attacks against the Colombian people that violate international law. One such heinous incident took place in May 2003 at the Betoyes Guahibo indigenous reserve in Colombia. Unlike other acts of terror, the attack at the Reserve is well documented. Because of this, the attack on the Reserve is an excellent case for International Criminal Court (ICC) prosecution. This article exposes acts of cruelty (...)
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  25.  22
    Matching rhetoric with action: The challenge of an international criminal court.Grant Stefanie - 1997 - Criminal Justice Ethics 16 (2):2-53.
  26.  11
    Commentary: Matching rhetoric with action: The challenge of an international criminal court.Stefanie Grant - 1997 - Criminal Justice Ethics 16 (2):2-53.
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  27.  12
    Power and Principle: The Politics of International Criminal Courts by Christopher Rudolph: Ithaca and London: Cornell University Press, 2017.Andreas von Staden - 2018 - Human Rights Review 19 (4):499-501.
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  28.  19
    The role of NGOs in the establishment of the international criminal court.Kristie Barrow - 2004 - Dialogue: Academy of the Social Sciences in Australia. 2 (1):11-22.
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  29. Gender, ethics and the discretion not to prosecute in the "interests of justice" under the Rome statute for the International Criminal Court.Tina Dolgopol - 2011 - In Reid Mortensen, Francesca Bartlett & Kieran Tranter (eds.), Alternative Perspectives on Lawyers and Legal Ethics: Reimagining the Profession. Routledge.
  30.  9
    Prosecuting Environmental Harm before the International Criminal Court by Matthew Gillett.Roger S. Clark - 2023 - Human Rights Review 24 (3):461-463.
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  31.  4
    The problem of selective prosecution and the legitimacy of the International Criminal Court.Thomas Christiano - 2024 - Journal of Social Philosophy 54 (4):471-489.
    Journal of Social Philosophy, EarlyView.
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  32.  9
    The problem of selective prosecution and the legitimacy of the International Criminal Court.Thomas Christiano - 2024 - Journal of Social Philosophy 54 (4):471-489.
    Journal of Social Philosophy, EarlyView.
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  33.  8
    The problem of selective prosecution and the legitimacy of the International Criminal Court.Thomas Christiano - 2024 - Journal of Social Philosophy 54 (4):471-489.
    Journal of Social Philosophy, EarlyView.
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  34.  7
    The problem of selective prosecution and the legitimacy of the International Criminal Court.Thomas Christiano - 2024 - Journal of Social Philosophy 54 (4):471-489.
    Journal of Social Philosophy, EarlyView.
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  35.  10
    Doing Justice to History Confronting the Past in International Criminal Courts by Barrie Sander: Oxford: Oxford University Press.Roger S. Clark - 2022 - Human Rights Review 23 (1):155-157.
  36. International criminal vacations: justice in tears.Farhad Malekian - 2024 - Hauppauge: Nova Science Publishers.
    This work delves into the nature of the morality of the judges and prosecutors of the ICC, who are instrumental in perpetuating the flawed concept of international criminal vacation. This work does not imply distrust in the capacities of the prosecutors or judges of the Court. However, if they are not morally and legally accountable for safeguarding the survival and security of the rights of victims, then who is? This volume places a significant emphasis on an ethical (...)
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  37.  14
    The Priority of Conflict Deterrence and the Role of the International Criminal Court in Kenya’s Post-Electoral Violence 2007–2008 and 2013. [REVIEW]Claudio Corradetti - 2015 - Human Rights Review 16 (3):257-272.
    The entry into force of the Rome Statute on 1 July 2002 establishing the International Criminal Court has signified a shift in the goals pursued by international criminal law. Due to new types of warfare dynamics, international protection is in need of new orientations, particularly with regard to conflict deterrence aims. This urgency is widely documented by the normative action framework of the Responsibility to Protect and, more recently, by the UN Secretary-General 2012–2013 Reports (...)
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  38.  7
    International Criminal Tribunals: A Normative Defense.Larry May & Shannon Fyfe - 2017 - Cambridge University Press.
    In the last two decades there has been a meteoric rise of international criminal tribunals and courts and also a strengthening chorus of critics against them. Today it is hard to find strong defenders of international criminal tribunals and courts. This book attempts such a defense against an array of critics. It offers a nuanced defense, accepting many criticisms but arguing that the idea of international criminal tribunals can be defended as providing the fairest (...)
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  39.  20
    Lee Feinstein and Tod Lindberg, Means to an End: US Interests in the International Criminal Court: Brookings, 2009. [REVIEW]Judith Kelley - 2011 - Human Rights Review 12 (1):137-138.
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  40.  46
    International Criminal Law as a Site for Enhancing Women’s Rights? Challenges, Possibilities, Strategies.Kiran Kaur Grewal - 2015 - Feminist Legal Studies 23 (2):149-165.
    Many scholars and activists have argued that the International Criminal Court holds potential for advancing the rights of women and girls, leading to extensive feminist engagement with and investment in the Court. As the ICC enters its second decade of existence, this article offers a reflection on both the possibilities and the challenges facing feminists. Can the international criminal law really offer a site for enhancing the rights of women? And if so, how? To (...)
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  41.  5
    International Criminal Law.Roger S. Clark - 2015 - In Dennis Patterson (ed.), A Companion to European Union Law and International Law. Wiley-Blackwell. pp. 534–546.
    This chapter first discusses four categories of international criminal law, namely international aspects of national criminal law, international criminal law stricto sensu, suppression conventions/transnational criminal law, and international standards for criminal justice. It then explains some crosscutting issues that are in the forefront of both historical and contemporary discussions in the area, organizing the material under the rubric of jurisdiction, paying particular attention to how this plays out in a number of (...)
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  42. Testimonial Injustice in International Criminal Law.Shannon Fyfe - 2018 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 5 (2):155-171.
    In this article, I consider the possibilities and limitations for testimonial justice in an international criminal courtroom. I begin by exploring the relationship between epistemology and criminal law, and consider how testimony contributes to the goals of truth and justice. I then assess the susceptibility of international criminal courts to the two harms of testimonial injustice: epistemic harm to the speaker, and harm to the truth-seeking process. I conclude that international criminal courtrooms are (...)
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  43.  37
    International Criminal Justice Between Scylla and Charybdis—the “Peace Versus Justice” Dilemma Analysed Through the Lenses of Judith Shklar’s and Hannah Arendt’s Legal and Political Theories.Christof Royer - 2017 - Human Rights Review 18 (4):395-416.
    The present article discusses the “peace versus justice” dilemma in international criminal justice through the lenses of the respective legal theories of Judith Shklar and Hannah Arendt—two thinkers who have recently been described as theorists of international criminal law. The article claims that in interventions carried out by the International Criminal Court, there is an ever-present potentiality for the “peace versus justice” dilemma to occur. Unfortunately, there is no abstract solution to this problem, (...)
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  44.  21
    The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law, Politics, and Diplomacy.Rachel Kerr - 2004 - Oxford University Press UK.
    On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice - politics and law. The establishment of ad hoc tribunals (...)
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  45.  17
    Testimonial Injustice in International Criminal Law.Shannon Fyfe - forthcoming - Symposion. Theoretical and Applied Inquiries in Philosophy and Social Sciences.
    Shannon Fyfe ABSTRACT: In this article, I consider the possibilities and limitations for testimonial justice in an international criminal courtroom. I begin by exploring the relationship between epistemology and criminal law, and consider how testimony contributes to the goals of truth and justice. I then assess the susceptibility of international criminal courts to the two...
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  46. Stateless Crimes, Legitimacy, and International Criminal Law: The Case of Organ Trafficking. [REVIEW]Leslie P. Francis & John G. Francis - 2010 - Criminal Law and Philosophy 4 (3):283-295.
    Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions (...)
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  47.  67
    Delegation of Powers and Authority in International Criminal Law.Shlomit Wallerstein - 2015 - Criminal Law and Philosophy 9 (1):123-140.
    By what right, or under whose authority, do you try me? This is a common challenge raised by defendants standing trial in front of international criminal courts or tribunals. The challenge comes from the fact that traditionally criminal law is justified as a response of the state to wrongdoing that has been identified by the state as a crime. Nevertheless, since the early 1990s we have seen the development of international criminal tribunals that have the (...)
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  48.  20
    Building the Rule of International Criminal Law: The Role of Judges and Prosecutors in the Apprehension of War Criminals. [REVIEW]Gwyneth C. McClendon - 2009 - Human Rights Review 10 (3):349-372.
    International criminal tribunals are weak institutions, especially since they do not have their own police forces to execute arrest warrants. Understandably then, much of the existing literature has focused exclusively on pressure from major powers and on changing domestic politics to explain the apprehension of suspected war criminals. In contrast, this article turns attention back to the tribunals themselves. I propose three ways in which the activities of international criminal tribunals impact compliance with arrest warrants: through (...)
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  49.  19
    The Silenced Interpreter: A Case Study of Language and Ideology in the Chinese Criminal Court.Biyu Du - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (3):507-524.
    Language-related right in the legal proceedings is mostly associated with access to interpreting. Literature on the bilingual courtroom primarily centres on the role of interpreters in the intercultural communication. This paper, drawing on discourse analysis of a case study in a Chinese criminal court, investigates the atypical role played by an interpreter when she ceases to be an active participant in the bilingual interaction. It discusses how language ideology underlying the judicial practice could transform the role of the (...)
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  50. Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW]Matthew Lister - 2010 - Concurring Opinions Blog:1.
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins, published by Cambridge University Press.
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