Ascertainment of the truth in international criminal justice

This thesis seeks to answer the principal question as to whether international criminal justice systems can serve as adequate truth-ascertaining forums. In doing so, it reviews the practice of three international criminal justice systems: the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Court (ICC). It is not the purpose of this research to review the black letter law adopted and applied by these international tribunals and court, but rather to review the implementation of the legal principles in practice. It is a socio-legal research project which focuses on the practice of the tribunals and court. It discusses socio-legal, institutional and political issues relating to the ascertainment of the truth in international criminal justice. In addition, it examines the gaps between the theory and practice of ascertaining the truth in the ICTY, ICTR and ICC. It does so principally by exploring the roles of the parties, participants and judges in ascertaining the truth. This includes the obstacles they face in doing so and the responses given, if any, to accommodate these difficulties. Challenges include the politicised climate of most post-conflict societies, the remoteness of the crime base areas from the seat of the Court, the lack of enforcement mechanisms and reliance on State cooperation, as well as the unfamiliarities with the cultural and linguistic features of the affected communities. This thesis reveals that these difficulties are not the principal cause of truth-searching impediments. Indeed, it is asserted that the ascertainment of the truth can be fair and effective notwithstanding these difficulties. It also demonstrates that truth-ascertaining impediments are mainly caused by failures to adequately investigate the crimes and relevant evidence. At the ICTY, investigations have been carried out in the most efficient and fair manner possible under the circumstances. By contrast, the ICTR and ICC investigations are far from adequate and should be improved. The Prosecution should make more efforts to obtain the best evidence available. It further concludes that international justice systems have set their goals too highly. Instead of seeking to meet objectives such as reconciliation, peace and security, they should restrict their focus to the question as to whether the guilt of a particular accused has been established in respect of the crimes charged.EThOS - Electronic Theses Online ServiceGBUnited Kingdo

Incorporating the core international labour standards on freedom of association and collective bargaining into Vietnam's legal system

This Dissertation evaluates the potential opportunities, challenges and outcomes attendant on Vietnam’s modernisation effort through the incorporation of International Labour Organisation (ILO) Core International Labour Standards (CILS) on freedom of association and collective bargaining into Vietnam law. The Dissertation shows that although Vietnam is likely to benefit from incorporating the CILS on freedom of association and collective bargaining into its legal system, its constitutional value system is not currently consistent with those of particular ILO CILS. It offers recommendations on pre- substantive and procedural measures necessary to ensure the successful reception of ILO CILS on freedom of association and collective bargaining into Vietnam legal practice.EThOS - Electronic Theses Online ServiceGovernment of VietnamGBUnited Kingdo

Death penalty: the political foundations of the global trend toward abolition

The death penalty is like no other punishment. Its continued existence in many countries of the world creates political tensions within these countries and between governments of retentionist and abolitionist countries. After the Second World War, more and more countries have abolished the death penalty. This article argues that the major determinants of this global trend toward abolition are political, a claim which receives support in a quantitative cross-national analysis from 1950 to 2002. Democracy, democratization, international political pressure on retentionist countries and peer group effects in relatively abolitionist regions all raise the likelihood of abolition. There is also a partisan effect as abolition becomes more likely if the chief executive’s party is left-wing oriented. Cultural, social and economic determinants receive only limited support. The global trend toward abolition will go on if democracy continues to spread around the world and abolitionist countries stand by their commitment to press for abolition all over the world.

The Implications of Multi-bi Financing for Multilateral Agencies: the Example of the World Bank

Over the last decade, earmarked voluntary contributions to international development organizations (referred to as multi-bi financing in this chapter) have become a significant source of donor funding. Reinsberg discusses how multi-bi financing channeled through trust funds shapes the organizational practices of multilateral agencies, using evidence from a large number of interviews conducted at the World Bank. The analysis covers seven types of possible consequences raised by a primarily policy-driven literature, including differences in the portfolio of activities of trust funds and core resources, the alignment of trust-funded activities with development needs, undue donor influence upon agency operations, insufficient recovery of maintenance costs, long-term budget implications, transaction costs and administrative burdens, and institutional fragmentation

Cross-border research on human embryonic stem cells: legal and ethical considerations

Although stem cell research is a field that stands to benefit a lot from international cooperation, collaboration between scientists of different countries is hampered by the great divergence in national stem cell legislations. More specifically, researchers from countries with restrictive stem cell policies find themselves unable to participate in international research or attend meetings or workshops in more permissive environments as they fear being prosecuted in their home country for activities that are deemed acceptable abroad. Juridical clarity on this subject is long overdue. Legally, extraterritorial jurisdiction based on the nationality principle does not conflict with international law. However, invoking this principle to prosecute stem cell researchers would constitute a breach with the current custom to limit extraterritorial jurisdiction to exceptional crimes or circumstances. On the ethical front, legislators have an obligation towards their constituents to protect them from harm through the criminal justice system, but at the same time they should be wary of legal moralism and of jeopardising freedom of research. Researchers on their part cannot simply ignore the law whenever it deviates from their personal moral opinions, but they are not acting unethically if they perform research that they esteem to be ethically justified where it is also legally accepted. Allowing researchers to work freely abroad – within the jurisdiction of the host country – is a way for legislator and researcher to show respect for each other’s different moral values and to balance their rights and obligations towards each other