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Fairness and the Goals of International Criminal Trials: Finding a Balance

Fairness and the Goals of International Criminal Trials: Finding a Balance

Author: Caleb Wheeler
Publisher: Routledge
ISBN: 9780367461645
Published In: April 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,885.00

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This book presents a ground-breaking, interdisciplinary study into the various goals assigned to international criminal trials. It starts from the proposition that no hierarchy exists amongst the different goals meaning that trials should strive to achieve all of them in equal measure. This is made difficult by the fact that not all of these goals are compatible and the fulfilment of one may lead to others going unmet. Therefore, a balance must be found if the goals of trial are to be achieved at all. The book posits that fairness should serve as the guiding principle when weighing the different trial goals against one another. It is argued that without fairness international and internationalised criminal courts and tribunals lack legitimacy and without legitimacy they lack effectiveness. The book concludes that international criminal trials must adopt procedures that emphasise fairness to all of the parties and trial participants if they wish to accomplish any of the goals set for them. Each chapter is devoted to identifying and explaining a different trial goal, providing analysis of how that particular goal functions in conjunction with the other goals, and discussing the ways in which a fairness oriented trial model will help achieve those goals. The book provides a dynamic understanding of the different trial goals and the importance of fairness in the trial process by drawing on research from a variety of different legal disciplines while also incorporating scholarship rooted in criminology, political theory, international relations, and psychology. The book will be essential reading for researchers, academics and professionals working in the areas of International Criminal Law, Public International Law and Transitional Justice.

Chapter 1: Introduction

Chapter 2: The Role Fairness Plays in Legal Accountability

A. The Importance of Fairness When Determining Accountability

B. Fairness and its Relationship to Legitimacy

C. The Relationship Between Accountability and Punishment

1. The Expressive Nature of Punishment and Building the Rule of Law

2. Whether Punishment is Necessary for Victims to Experience Justice

3. The Role Retribution Plays in Constructing Accountability

D. Conclusion

Chapter 3: International Criminal Trials and Promoting the Rule of Law

A. Defining the Rule of Law

B. Expressivism and International Criminal Trials

1. The Expressive Effect of International Criminal Trials on Individuals

2. The Expressive Effect of International Criminals Trials on States

C. The Rule of Law and the Right to a Fair Trial

D. Conclusion

Chapter 4: International Criminal Trials and the Search for Truth

A. The Relationship Between Truth and Accountability

1. Guilty Pleas

2. Acquittals Following the Close of the Prosecution’s Case

3. Judicial Notice of Facts

4. Excluding Charges Against Certain Individuals or Groups

5. The Limits of Judgments as Historical Records

B. The Truth Needed for Reconciliation

C. Truth and the Victims’ Right to Learn the Truth

D. Conclusion

Chapter 5: Peace, Justice and International Criminal Trials

A. The Relationship Between Peace and Accountability

1. The Conflict Between Peace and International Accountability in Uganda

2. Peace and Accountability in Kenya

3. Peace and Accountability in Colombia

B. Broadening Understandings of How Accountability can Facilitate Peace

1. Other Possible Pathways to Peace and Accountability

2. How Incapacitation can Facilitate Peace

3. General Deterrence and its Role in Promoting Peace

C. Conclusion

Chapter 6: How International Criminal Trials Can Encourage Reconciliation

A. Reconciliation and Accountability

B. Forgiveness, Apology and Reconciliation

C. Conclusion

Chapter 7: Achieving the Goal of Providing the Victims of Atrocity Crimes with Justice

A. The Role Reparations Plays in Providing Victims with a Remedy

B. Justice Derived From Victim Participation During Trial

1. Victims Deriving Justice from Testifying During Trial

2. Victims Directly Participating in Proceedings

a. The International Criminal Court

b. The Extraordinary Chambers in the Courts of Cambodia

C. Conclusion

Chapter 8: Conclusion

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