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Judicial Dialogue on Human Rights: The Practice of International Criminal Tribunals

Edited by: Paolo Lobba, Triestino Mariniello

ISBN13: 9789004313743
Published: September 2017
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £141.00



Despatched in 12 to 14 days.

Judicial Dialogue on Human Rights offers a critical legal perspective on the manner in which international criminal tribunals select, (re-)interpret and apply the principles and standards formulated by the European Court of Human Rights.

A part of the book is devoted to test the assumption that the current practice of cross-referencing, though widespread, is incoherent in method and erratic in substance. Notable illustrations analysed in the book include the nullum crimen principle, prohibition of torture, hearsay evidence and victims’ rights.

Another section of the book seeks to devise a methodologically sound ‘grammar’ of judicial dialogue, focussing on how and when human rights concepts may be transferred into the context of international criminal justice.

Subjects:
Human Rights and Civil Liberties, International Criminal Law
Contents:
Dedication; Contributors; Abbreviations;
Foreword Judge Paulo Pinto de Albuquerque (European Court of Human Rights);
The Grammar of the Judicial Dialogue between International Criminal Tribunals and the European Court: Introductory Remarks, Paolo Lobba (University of Bologna) and Triestino Mariniello (Edge Hill University)

Part I Dynamics of Judicial Dialogue: Methods and Rationales
Chapter 1 Cross-Fertilisation under the Looking Glass: Transjudicial Grammar and Reception of Strasbourg Jurisprudence by International Criminal Tribunals, Sergey Vasiliev (University of Leiden)
Chapter 2 Double Standards? International Criminal Tribunals and the Re-interpretation of European Court of Human Rights’ Case Law, Julia Geneuss (University of Hamburg)
Chapter 3 Judicial Dialogue in Light of Comparative Criminal Law and Justice, Christophe Burchard (University of Munich)

Part II The Use of the ECtHR Jurisprudence by ICTs: A Bird’s-Eye View
Chapter 4 Article 21 (3) of the Rome Statute: Identifying and Applying ‘Internationally Recognized Human Rights’, Volker Nerlich (Humboldt University of Berlin and ICC Legal Adviser)
Chapter 5 Article 21(3) of the ICC Statute and ‘Internationally Recognized Human Rights’ as a Source of Mandatory Judicial Dialogue, Christophe Deprez (University of Liege)
Chapter 6 Beyond Anecdotal Reference: A Comprehensive Assessment of the References of the ICTY to the ECtHR, Frauke Sauerwein (Max Planck Institute for Comparative Public Law and International Law)

Part III Cross-Fertilization and Substantive Issues: Crimes and Punishment
Chapter 7 Nulla Poena Sine Lege: A Symptomatic Sign of Interactions between Strasbourg and The Hague, Damien Scalia (Catholic University of Leuven)
Chapter 8 Critical Remarks on the Accessibility/Foreseeability Standard as Applied in International Criminal Justice, Giulio Vanacore (University of Urbino)
Chapter 9 The Judicial Dialogue between the ECtHR and the Ad Hoc Tribunals on the Right to Rehabilitation of Offenders, Alice Riccardi (University of Rome 3)
Chapter 10 Judicial Dialogue and the Definition of Torture: The Importation of ICTs from European Jurisprudence, Elena Maculan (Instituto Universitario General Gutiérrez Mellado – Madrid)
Chapter 11 A Cross-Fertilization Process in the Case of Torture and other Prohibited Treatment?, Elizabeth Santalla (Private Bolivian University)
Part IV Fairness of International Criminal Proceedings: The (Side) Effects of Cross-Fertilization
Chapter 12 ‘Balancing’ Witness Protection with the Accused’s Right to a Fair Trial before International Criminal Tribunals: The Influence of the Jurisprudence of the European Court of Human Rights, Yvonne McDermott (University of Bangor)
Chapter 13 The Special Court for Sierra Leone Misapplication of the European Court of Human Rights Case Law on Hearsay Evidence and Corroboration: The Taylor Appeal Judgment and the Al Kawaja and Tahery Case, Yael Vias Gvirsman (Hebrew University of Jerusalem)
Chapter 14 The Interaction between the International Criminal Court and the European Court of Human Rights – The Right to the Truth for Victims of Serious Violations of Human Rights: The Importation of a New Right?, Paolo Caroli (University of Trento)
Chapter 15 Self-Fertilization or Cross-Fertilization? Using Berger and Perez to Justify Victim Participation at the ICC Investigation Stage, Kerstin Braun (University of Southern Queensland)

Bibliography; Index.