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State Involvement in War Crimes Trials

  • Gresham College
  • Sir Geoffrey Nice QC
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    사회과학 >법률 >국제법무학
  • 강의학기
    2013년 1학기
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International war crimes courts deal only with the responsibility of individuals for crimes they committed. In order to avoid over-simplification of understanding what may have happened by the necessary concentration on individual criminal responsibility, it is vital not to overlook collective and state criminal responsibility; but state responsibility can only be dealt formally with at a different court, the International Court of Justice. Has this allowed states to escape attention that should have been paid to their responsibility – as states – for conflicts, a responsibility different in kind from the responsibility of their leaders?

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1. International Criminal Tribunals: Experiments? Works in progress? Institutions that are here for good, or maybe not? In the last twenty years several international courts have been established to try crimes committed in armed conflicts. Public expectation of what these courts may achieve is high; but are the courts living up to that expectation? Is the public expectation realistic and part of a liberal tradition; may it be seen as 'judicial romantic', according to courts capabilities they can never have? Are the courts always bound to be tainted by political influence that makes it probable they will ultimately fail? URL
2. The end of Slobodan Milošević Slobodan Milošević died a few months before the end of his trial. There were no closing arguments and there was no judgment by the judges of the International Criminal Tribunal for the Former Yugoslavia – the ICTY. URL
3. The permanent International Criminal Court – the ICC - and Africa The permanent International criminal Court – the ICC – was long in planning and finally came into existence after the ad hoc Yugoslavia and Rwanda Tribunals (the ICTY and the ICTR) were seen to have had some success. However, problems facing the permanent court that involves itself in continuing conflicts have been seen to be different from those of the ad hoc tribunals that deal with conflicts that had been largely concluded when the tribunals first sat. URL
4. Legal Process as a Tool to Rewrite History - Law, Politics and History Legal Process as a Tool to Rewrite History - Law, Politics and History Wednesday, 13 February 2013 - 1:00pm Barnard’s Inn Hall Subject:International law, Law, Law - otherOverview Trials at the ICTY concerned political violence and criminality that resulted from disintegration of a federation from which seven new successors states were formed. URL
5. Regulation at home, but not abroad In December 2012 Sir Geoffrey Nice will have finished four years as Vice Chair of the Bar Standards Board, the body that regulates barristers. After forty years in practice as a barrister, that included seven years working as an employed barrister in the UN, he will describe the differences between practice in a regulated legal community and practice in the UN system that operates with little effective regulation apart from what national systems impose on individual prosecution and defence lawyers. URL

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