Procedural Justice?: Victim Participation in International Criminal Proceedings

Name: Procedural Justice?: Victim Participation in International Criminal Proceedings
Brand: Intersentia
SKU: 9781780680200
Price: 8572.0 INR
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by Brianne McGonigle Leyh

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ISBN13: 9781780680200
Binding: Paperback
Subject: N/A
Publisher: Intersentia
Publisher Imprint: Intersentia
Publication Date: September 2, 2011
Pages: 452
Original Price: GBP 67.0
Language: English
Edition: N/A
Item Weight: 799 grams
BISAC Subject(s): Criminal Procedure

About The Book

In early 2006, the Office of the High Commissioner for Human Rights called for more detailed research into the relevant international standards and national and international practices concerning the role of victims in criminal proceedings. In response to this call and the increased attention paid to victims at international criminal institutions, this study explores the role of victims in international criminal proceedings. As such, the aim of this study is threefold: a) to describe, explain, and clarify the procedural role afforded to victims in international criminal proceedings; b) to evaluate whether the current approaches to victim participation in international criminal proceedings are consistent with human rights standards; and c) to determine the proper scope and content of victim participation in international criminal proceedings. To structure the analysis, the framework focuses on two central concepts, namely the unique characteristics of international criminal proceedings and human rights standards. Broken up into two main parts, the first part of the study covers criminal law theories and the current role afforded to victims in domestic jurisdictions. It further examines the development of their procedural rights both domestically and internationally. The second part of the study then deals exclusively with international criminal justice institutions and the participatory rights afforded to victims therein. Using two case studies - one on the Extraordinary Chambers in the Courts of Cambodia and the other on the International Criminal Court - the research highlights how these courts have approached the issue of victim participation. The study concludes with general recommendations. The findings of this study will contribute to a better understanding of competing rights within international criminal justice and will provide those involved in the shaping of international criminal justice a means through which to view the participatory rights of victims. This book has received the Book of the Year Award from the American Branch of the International Association of Penal Law / L'Association Internationale de Droit Pnal (AIDP).(Series: School of Human Rights Research - Vol. 42)

About The Author

Brianne McGonigle Leyh is an assistant professor with Utrecht University's Netherlands Institute of Human Rights where she is an attorney specializing in transitional justice, human rights, victims' rights and international criminal law and procedure. She is an executive editor of the Netherlands Quarterly of Human Rights and is a senior counsel and co-director of the Netherlands Office of the Public International Law & Policy Group (PILPG), a global pro bono law firm providing legal assistance to states and non-state entities on a range of legal issues. Previously, Brianne has worked as co-counsel on a legal team representing civil parties before the Extraordinary Chambers in the Courts of Cambodia and has held a Visiting Professional position at the International Criminal Court's Office of Public Counsel for Victims. Before receiving her PhD in law from Utrecht University in 2011, she received her Bachelors degree (BA) in 2002 from Boston University, graduating magna cum laude with a self-crafted major in the study of international law and human rights. She received her Law degree (JD) in 2006 from American University's Washington College of Law, graduating cum laude, and one year later her Masters degree (MA) in International Affairs from American University's School of International Service.

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