The Legitimacy of International Criminal Tribunals

doi:10.1017/9781316536469

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Edited by Nobuo Hayashi, Universitetet i Oslo, Cecilia M. Bailliet, Universitetet i Oslo

Publisher:: Cambridge University Press
Online publication date:: February 2017
Print publication year:: 2017
Online ISBN:: 9781316536469
DOI:: https://doi.org/10.1017/9781316536469

Series:: Studies on International Courts and Tribunals (2)
Subjects:: Public International Law, Law, Politics and International Relations, International Relations and International Organisations

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With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.

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The Legitimacy of International Criminal Tribunals

This Book has been cited by the following publications. This list is generated based on data provided by Crossref.

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Contents

The Legitimacy of International Criminal Tribunals
pp i-i

Studies on International Courts and Tribunals - Series page
pp ii-ii

The Legitimacy of International Criminal Tribunals - Title page
pp iii-iii

Copyright page
pp iv-iv

Dedication
pp v-vi

Contents
pp vii-ix

Contributors
pp x-xvii

Acknowledgements
pp xviii-xviii

Abbreviations
pp xix-xx

Introduction
pp 1-22

Part I - Theories and Perspectives
pp 23-138

1 - The Legitimacy of International Criminal Tribunals
pp 25-40

2 - Conceptualising and Measuring the Legitimacy of International Criminal Tribunals
pp 41-65

3 - Between International Criminal Justice and Injustice: Theorising Legitimacy
pp 66-91

4 - Legitimacy, Legality, and the Possibility of a Pluralist International Criminal Law
pp 92-115

5 - The Legitimacy and Effectiveness of International Criminal Tribunals: A Criminal Policy Perspective
pp 116-138

Part II - Norms and Objectives
pp 139-244

6 - Legitimacy and ICC Jurisdiction Following Security Council Referrals: Conduct on the Territory of Non-Party States and the Legality Principle
pp 141-178

7 - Is the Yugoslav Tribunal Guilty of Hyper-Humanising International Humanitarian Law?
pp 179-205

8 - ‘One of the Challenges that Can Plausibly Be Raised Against Them’? On the Role of Truth in Debates about the Legitimacy of International Criminal Tribunals
pp 206-227

9 - Hidden Legitimacy: Crafting Judicial Narratives in the Shadow of Secrecy at a War Crimes Tribunal – A Speculation
pp 228-244

Part III - Complementarity and Regionalism
pp 245-322

10 - Positive Complementarity and Legitimacy – Is the International Criminal Court Shifting from Judicial Restraint Towards Interventionism?
pp 247-271

11 - African Supranational Criminal Jurisdiction: One Step Towards Ending Impunity or Two Steps Backwards for International Criminal Justice?
pp 272-296

12 - Legitimacy Defects and Legal Flaws of the Special Tribunal for Lebanon
pp 297-322

Part IV - Parties to the Proceedings
pp 323-398

13 - Prosecutors’ Opening Statements: The Rhetoric of Law, Politics, and Silent War
pp 325-350

14 - Effectiveness of International Criminal Tribunals: Empirical Assessment of Rehabilitation as Sentencing Goal
pp 351-375

15 - Procedural Justice, Legitimacy, and Victim Participation in Uganda
pp 376-398

Part V - States and NGOs
pp 399-472

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The Legitimacy of International Criminal Tribunals

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