Title: Human rights in international criminal proceedings /
Authors: Zappalà, Salvatore
Publisher: Oxford University Press,
Year: 2003
Subjects: International criminal courts.; Human rights; International crimes.; Crimes against humanity
Abstract: Dealing with the protection of human rights in international criminal proceedings, this book's basic assumption is 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.
Contents: Introduction. A human rights approach to international criminal procedure ; The extension of the notion of fair trial to international criminal proceedings ; What type of relationship exists between human rights monitoring systems and international criminal courts? ; Accusatorial and inquisitorial elements in international criminal procedure--to what extent do they impinge upon the rights of individuals? -- The rights of persons during investigations. The initiation of investigations and the powers of the investigative authority ; The rights of suspects in international criminal proceedings -- The rights of the accused in trial proceedings. The presumption of innocence ; The right to be judged by an independent and impartial tribunal ; The right to a 'fair and expeditious trial' ; Rules of evidence and rights of the accused--some problematical issues -- The rights of the accused to appeal and revision. General--the rights of appeal and revision as a means for obtaining redress (judicial and non-judicial remedies) ; The right of the accused to appeal: from Nuremberg and Tokyo to the ad hoc tribunals and the ICC ; The right of convicted persons to revision ; Conclusions -- Penalties, enforcement mechanisms, and the rights of convicted persons. The major goals of international penalties and the legal expectations of convicted persons ; The enforcement mechanisms and the rights of sentenced persons -- The position of persons other than the accused. Victims ; Witnesses -- Concluding remarks. The role of human rights in international criminal trials: from Nuremberg to Rome ; The problem of procedural models: the need for a principled approach to procedure, designed to enhance respect for human rights ; Respect for human rights in international trials: a few outstanding problems ; Some suggestions for improving human rights protection in international criminal proceedings.