ISBN:
9789067048880
Language:
English
Pages:
Online-Ressource (XVIII, 847 p, digital)
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Buchausg. u.d.T. Abels, Denis, 1975 - Prisoners of the international community
Keywords:
Law
;
Law
;
Internationaler Gerichtshof
;
Internationaler Strafgerichtshof
;
Völkerrecht
;
Völkerstrafrecht
;
Gefangener
;
Strafvollzug
Abstract:
Little has been written about the legal position and conditions of detention of persons detained by international criminal tribunals, particularly as regards their internal legal position (their rights and duties inside the remand facility). The primary purpose of this book is to set out the law governing the detention of persons detained under the tribunals jurisdiction. The book provides a detailed account of this area of international criminal law. It sets out the applicable law, including the laws underlying principles, and focuses on a number of specific procedural and substantive legal issues. As to procedural issues, it examines the available complaints and disciplinary procedures as well as procedures applicable to the designation of States for the enforcement of the tribunals sentences. In respect of substantive law, it examines the detainees right to contact with the outside world, including contact with their relatives, with their lawyers and with the media. The book will be an extremely useful guidance for practitioners in applying the law and principles of the tribunals detention law, particularly because it is the first monograph written on the topic.
Description / Table of Contents:
Prisoners of the International Community; Foreword; Acknowledgments; Contents; Abbreviations; 1 Introduction; 1.1…Detention at International Criminal Tribunals; 1.2…Purpose of the Study; 1.3…Scope of the Study and Definitions; 1.4…Methodology; 1.5…Structure of the Study; 1.6…Use of Instruments and Case Law; Part I Detention Law at International CriminalTribunals: Sources and Principles; 2 The Protection of Detained Persons under International Law; 2.1…Introduction; 2.2…International Developments; 2.2.1 General Developments
Description / Table of Contents:
2.2.2 The Prohibition of Torture and Other Inhuman and Degrading Treatment or Punishment2.2.2.0 The UDHR, the ICCPR and the 1975 Declaration; 2.2.2.0 The U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Committee; 2.2.2.0 The Subcommittee on the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; 2.2.2.0 The U.N. Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; 2.2.3 The United Nations Crime Prevention and Criminal Justice Program and its Standard Setting Work
Description / Table of Contents:
2.3…Regional Developments2.3.1 General Developments; 2.3.1.0 Europe; 2.3.1.0 The Americas; 2.3.1.0 Africa; 2.3.1.0 The Arab Region; 2.3.2 The Prohibition of Torture and Other Inhuman and Degrading Treatment or Punishment; 2.3.2.0 Europe; 2.3.2.0 The Americas; 2.3.2.0 Africa; 2.4…Conclusion; 3 The Legal Regimes Governing Detention at the International Criminal Tribunals; 3.1…Introduction; 3.2…The Institutionsrsquor Legal Frameworks; 3.2.1 Statutes; 3.2.1.1 The ICTY, ICTR, SCSL and STL; 3.2.1.2 ICC; 3.2.2 Rules of Procedure and Evidence; 3.2.2.1 The ICTY, ICTR, SCSL and STL; 3.2.2.2 ICC
Description / Table of Contents:
3.2.3 Administrative Regulations Regarding Detention Matters3.2.3.1 The ICTY, ICTR, SCSL and STL; 3.2.3.2 ICC; 3.3…Exceptions to the Regular Detention Regimes; 3.3.1 The Modification of Detention Conditions; 3.3.1.1 ICTY; 3.3.1.2 ICTR; 3.3.1.3 SCSL; 3.3.1.4 STL; 3.3.1.5 ICC; 3.3.2 The Prohibition or Regulation of Contact of Detainees with Other Persons; 3.3.2.1 ICTY; 3.3.2.2 ICTR; 3.3.2.3 SCSL; 3.3.2.4 ICC; 3.4…Applying Human Rights Law; 3.4.1 The Applicability of International Human Rights Law; 3.4.2 Sources of Law and the Tribunalsrsquor Practice
Description / Table of Contents:
3.4.2.1 Agreements, customary law and general principles of law3.4.3 Difficulties in Applying Human Rights Law; 3.5…Applying Soft--Law Penal Standards and Beyond; 3.6…Conclusion; 4 Principles of Law Governing Detention at International Criminal Tribunals; 4.1…Introduction; 4.2…Principles Defined; 4.3…Principles of Law Governing Detention at International Criminal Tribunals; 4.3.1 The Notion of 'Principles' As Employed By International Tribunals; 4.3.2 Primary Principles: Respect for Human Dignity and the Rule of Law; 4.3.3 A Selection of Secondary Principles
Description / Table of Contents:
4.3.3.0 The Presumption of Innocence
Note:
Description based upon print version of record
DOI:
10.1007/978-90-6704-888-0
URL:
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