The Relationship of International Criminal Tribunals to Domestic Courts: Towards a New Division of Labor? (L'Articulation Entre Tribunaux Penaux Internationaux Et Juridictions Nationales: Vers Un Nouveau Partage Des Competences Judiciaires?)
International criminal justice claims to challenge the very fundamentals of the international legal order. Yet international criminal justice is also still very much a work in progress. It success will depend on how well it can deal with its great founding dilemmas, while respecting international law and its continuity. No question seems more central yet more ambiguous to international criminal tribunals' existence, in this context, than how they relate to domestic courts. This is an issue which in fact raises anew the very conundrum at the heart of international criminal tribunals' creation and identity. On the one hand, international criminal tribunals can be seen from a "universalist" perspective which argues that they are first and foremost about the emergence of a global public order; on the other hand, they can be conceived from a "sovereignist" angle, which sees their prime duty as working for the benefit of states whose crimes they are judging. It is by putting this problematic relationship back into its overall evolution and, in particular, by focusing on what a "non-functioning" domestic court is under international law, that it will become possible to transcend that ambiguity. It will appear that the issue of what is a domestic court that is either "unwilling" or "unable" is in fact an old international law question whose understanding can be improved by a dynamic reading of the evolution of international law. In final analysis, however, it may be that the International Criminal Court's capacity to emancipate itself entirely from the political will be limited, as the Prosecutor adopts a prosecutorial policy which, in itself, is unlikely to be reducible to law's categories.
An Insider's Guide to the International Criminal Tribunal for the Former Yugoslavia: A Documentary History and Analysis
Preface Foreword Table of Abbreviations Table of Authorities Chapter I - The Contemporary ICT: Distinctions and Main Characteristics Chapter II - Classification and identification of the Major International Crimes by ICT Chapter III - General Principles of Substantive Criminal Law Envisioned by ICT Chapter IV - General Principles of Procedural Criminal Law Envisioned by ICT Chapter V - Principles of Criminal Evidence Before ICT Chapter VI - The Emergence of Uniform Standards of Due Process Before ICT Influence on (Inter)national Criminal Law(s) Chapter VII - International State Cooperation With ICT: Obtaining (Forensic) Evidence Abroad Chapter VIII - Redressing Wrongful Prosecutions and Convictions or Miscarriages of Justice by ICT Appendix Bibliography Index.
New insights into juvenile parotitis
Aim: We enquired about the possibility of a familial trend in juvenile parotitis and evaluated the role of SPINK1 mutations in juvenile parotitis.