
Contents
-
-
-
-
-
-
-
8 Defense Rights in European Legal Systems under the Influence of the European Court of Human Rights
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
I. Introduction I. Introduction
-
II. Development of International Criminal Procedure II. Development of International Criminal Procedure
-
III. Guiding Values and Objectives III. Guiding Values and Objectives
-
1. Truth-Seeking 1. Truth-Seeking
-
2. Ensuring the Effective and Expeditious Enforcement of International Criminal Law 2. Ensuring the Effective and Expeditious Enforcement of International Criminal Law
-
3. Respecting Human Rights and the Right to a Fair Trial 3. Respecting Human Rights and the Right to a Fair Trial
-
4. Promoting the Rule of Law 4. Promoting the Rule of Law
-
-
IV. Pluralism in International Criminal Procedure: Two Examples IV. Pluralism in International Criminal Procedure: Two Examples
-
1. Judicial Management of the Proceedings 1. Judicial Management of the Proceedings
-
a. Inter-Court Variation a. Inter-Court Variation
-
b. Intra-Court Variation b. Intra-Court Variation
-
-
2. Victim Participation 2. Victim Participation
-
a. Inter-Court Variation a. Inter-Court Variation
-
b. Intra-Court Variation b. Intra-Court Variation
-
-
-
V. The Promise and Challenge of Pluralism in International Criminal Procedure V. The Promise and Challenge of Pluralism in International Criminal Procedure
-
VI. Conclusion VI. Conclusion
-
References References
-
-
-
-
43 Pluralism in International Criminal Procedure
Get accessJenia Iontcheva Turner is the Amy Abboud Ware Centennial Professor in Criminal Law at SMU Dedman School of Law.
-
Published:11 February 2019
Cite
Abstract
This chapter examines the pluralistic nature of international criminal procedure. International criminal procedure refers to the procedures used at the international criminal courts and tribunals that were established to address war crimes, crimes against humanity, genocide, and other serious offenses. The chapter begins with an overview of the evolution of modern international criminal procedure, first at the ad hoc tribunals for the former Yugoslavia and Rwanda and then at hybrid courts and the International Criminal Court. It then discusses the goals pursued by international criminal procedure, such as: providing a fair trial, establishing the truth, enforcing criminal laws effectively, respecting human rights, and promoting the rule of law. Different views about the proper weight to be placed on each of these goals leads to diverse procedures across and within international criminal courts. The chapter considers two examples of pluralism in international criminal procedure: judicial management of criminal proceedings and involvement of victims in the proceedings. Finally, the chapter offers a normative assessment of pluralism in international criminal procedure. While diversity of procedures can help international criminal courts arrive at solutions that address the unique political and practical challenges of international criminal justice, divergent procedures within the same court raise concerns about predictability and equal treatment.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 10 |
November 2022 | 2 |
December 2022 | 6 |
January 2023 | 11 |
February 2023 | 12 |
March 2023 | 14 |
April 2023 | 4 |
May 2023 | 1 |
June 2023 | 8 |
July 2023 | 6 |
August 2023 | 8 |
September 2023 | 4 |
October 2023 | 4 |
November 2023 | 4 |
December 2023 | 4 |
January 2024 | 2 |
February 2024 | 3 |
March 2024 | 4 |
April 2024 | 9 |
May 2024 | 1 |
June 2024 | 4 |
July 2024 | 9 |
August 2024 | 6 |
September 2024 | 5 |
October 2024 | 6 |
November 2024 | 2 |
December 2024 | 3 |
January 2025 | 2 |
February 2025 | 4 |
March 2025 | 2 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.