National criminal procedure shoehorned into a global procedure shoe when trying crimes against humanity
(2021) In International Criminal Law Review 23(1). p.41-56- Abstract
In this article the argument is made that a global court like the icc is not suitable for gaining the trust of those it rules over and that the procedure used when trying crimes against humanity is a poor fit as it is to a large extent based on national procedural codes. It is suggested that a split of the icc into several regional bodies with common procedural rules that are amended to suit the special needs when trying crimes against humanity would be beneficial for the court's credibility. The point is also made that the goals of international trials and tribunals a poorly formulated and that they over promise and need to be amended to better reflect reality.
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/fc2d5938-1ae2-40ff-8a4a-8e6719da78b1
- author
- Nowak, Karol LU
- organization
- publishing date
- 2021
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Crimes against humanity, Human rights, International tribunals, Procedural law
- in
- International Criminal Law Review
- volume
- 23
- issue
- 1
- pages
- 41 - 56
- publisher
- Brill
- external identifiers
-
- scopus:85121234895
- ISSN
- 1567-536X
- DOI
- 10.1163/15718123-bja10119
- language
- English
- LU publication?
- yes
- id
- fc2d5938-1ae2-40ff-8a4a-8e6719da78b1
- date added to LUP
- 2022-01-31 15:09:02
- date last changed
- 2023-10-26 14:59:18
@article{fc2d5938-1ae2-40ff-8a4a-8e6719da78b1, abstract = {{<p>In this article the argument is made that a global court like the icc is not suitable for gaining the trust of those it rules over and that the procedure used when trying crimes against humanity is a poor fit as it is to a large extent based on national procedural codes. It is suggested that a split of the icc into several regional bodies with common procedural rules that are amended to suit the special needs when trying crimes against humanity would be beneficial for the court's credibility. The point is also made that the goals of international trials and tribunals a poorly formulated and that they over promise and need to be amended to better reflect reality.</p>}}, author = {{Nowak, Karol}}, issn = {{1567-536X}}, keywords = {{Crimes against humanity; Human rights; International tribunals; Procedural law}}, language = {{eng}}, number = {{1}}, pages = {{41--56}}, publisher = {{Brill}}, series = {{International Criminal Law Review}}, title = {{National criminal procedure shoehorned into a global procedure shoe when trying crimes against humanity}}, url = {{http://dx.doi.org/10.1163/15718123-bja10119}}, doi = {{10.1163/15718123-bja10119}}, volume = {{23}}, year = {{2021}}, }