The Position of Witnesses before the International Criminal Court

Criminal Law

The Position of Witnesses before the International Criminal Court

By Sylvia Ntube Ngane
Brill Nijhoff September 2015

Specifications

ISBN-13
9789004301948
Publisher
Brill Nijhoff
Publication
September 2015
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

The book is an evaluation of the doctrine and practice of international criminal courts and tribunals on the position of witnesses against a theoretically informed ideal of a cosmopolitan world order. It seeks to ascertain that there is a cosmopolitan international community, with shared values, that are instantiated in the international criminal tribunals, and that is what justifies the exercise of jurisdiction over witnesses who provide false testimony or engage in other forms of contempt of court.

The book evaluates the practice of the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.

Table of Contents

Dedication page
Table of Contents
Acknowledgements
Abbreviations
Introduction
Chapter One: Witnesses before a Cosmopolitan Criminal Court
1.1. Cosmopolitanism
1.2. Cosmopolitan courts and tribunals
1.3. Witnesses
1.4. Failings in the link between witnesses and the cosmopolitan vision
1.5. Argument for the ICC as a moral teacher
1.6. Conclusion
Chapter Two: International Criminal Tribunal for the Former Yugoslavia (ICTY)
2.1. Witness Journey
2.2. Obligations
2.3. Criminal Sanctions
2.4. Conclusion
Chapter Three: International Criminal Tribunal for Rwanda
3.1. Witness journey
3.2. Duties attached to witnesses and the ICTR
3.3. Sanctions
3.4. Conclusion
Chapter Four: Special Court for Sierra Leone (SCSL)
4.1 Witness Journey
4.2. Obligations attached to witnesses
4.3. Sanctions
4.4. Conclusion
Chapter Five: The International Criminal Court (ICC) Witness Scheme
5.1. Witness journey
5.2. Cooperation
5.3. The Right to Protection
5.4. Responsibility of witnesses
5.5. Sanctions
5.6. Conclusion
Chapter Six: Lessons Learnt: The Cosmopolitan Witness and Court
6.1. General comments and lessons learnt
6.2 The role of witnesses and what this tells us about the system of global governance
6.3 Conclusion
Bibliography
Index.
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