The logic behind the right to a fair trial was implicit in the creation of complicity under the doctrine of command responsibility. Justice Robert Jackson in his opening statement at the Nuremberg Trials essentially reasoned that the International Military Tribunal would confer upon the accused persons, the due process that they refused to confer upon their victims.6 The right to a fair trial is not absolute however, as there are circumstances where that right may be “derogated from in certain circumstances”.7 This paper focuses on the recent trends in international criminal law in which there is an initiative for balancing the rights of the accused against victims’ rights under the doctrine of command responsibility. ...
ce of the charges against him/her.8 The initiative to elevate the rights of victims over the right of the accused was a method by which the International Criminal Court addressed concerns on the part of civilians in zones under conflict and non-governmental organizations. These concerns took the position that the ad hoc international criminal tribunals for Yugoslavia and Rwanda had neglected the input of victims by not permitting their participation in the trials and the appellate process. The International Criminal Tribunal addressed those concerns by making the concerns of victims a priority and by focusing more intently on restorative justice.9 The International Criminal Court is primarily founded on the objective that the administration of justice means justice not only for those who commit international crimes, but also for the victims.10 The Preamble to the ICC informs that: During this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity.11 Trumbull notes that the reference to victims in the ICC’s preamble is not an accident. In fact, Trumbull goes farther to state, that this reference to victims was intentional and aimed at ensuring that the rights of victims occupy a “high priority”.12 Under the authority of the ICC, the International Criminal Court has made good on the prioritizing of victims’ rights primarily by permitting victims the right to participate in the criminal proceedings. In this regard, victims have the right to express their opinions relative to the authorization of an investigation, whether or not a case is admissible and any other matter that impacts their own interests.13 The ICC and the International Court, Rules of Procedure and Evidence 2000 contain a
Research Proposal Topic: Command Responsibility: Balancing the Rights of the Accused and Victims’ Rights in International Law Introduction The right to a fair trial is firmly entrenched in a majority of state laws and is thus encapsulated in international customary law under the doctrine of opinion juris.1 The right to a fair trial is codified by Article 14 of the UN’s International Covenant on Civil and Political Rights 1976 (ICCPR).2 The right to a fair trial includes the presumption of innocence, the right to be present at the trial, the right to heard by a fair and impartial tribunal of fact and the right to a trial “without undue delay”.3 Other rights include the right to suffici…
The research has been conducted on the employees of the firm to assess how the firm is coping with the environment and how it has adjusted to the changing needs of the environment. Moreover, the firm has also indulged in CSR initiatives but simultaneously it dint have enough safety measures for its employees.
This dissertation shall likewise analyze and critique the breadth and limitations of the EU law in France considering its new immigration and integration law. It shall likewise be ascertained whether the measures adopted by France have legal leg to stand on or simply put, this dissertation shall determine if France acted in conformity of the rights conferred to it as a community member.
This literature review would need to take stock of the present status of the right to remain silent and would also seek to critically examine the recent changes in the law with regard to the privilege to remain silent and would also endeavour to assess the value of the rule.
Recent cases on parallel trade 14 7. Potential solution for control of parallel trade 16 8. Conclusion 17 Bibliography Appendix 1. Introduction The increase of competition worldwide has led businesses to establish practices that will allow them to improve their position towards their rivals.
Stalking involves threats or sexual innuendo and the people involved in such acts generally try to intimidate or induce fear in the person they are stalking. The person, who is being stalked, can only realise that s/he is being stalked, once s/he becomes aware of the pattern of strange or suspicious incidents such as out of context calls, text messages or notes etc.
However, with the change in time where markets became tight and competition became tough there comes the need to remodel selling techniques. Customer Relationship Management (CRM) has come to the front as one of those techniques and companies are relying on CRM more than ever before.
This model confirms that children learn through imitation and this influences their behavior. The second research is about how different neurocognitive functions regulate physical aggression and hyperactivity in early childhood. This research aims at proving that the exposure and increasing development of verbal skills, self-awareness, and goal-oriented behavior leads to cognitive development.
According to the Crime Survey for England and Wales (CSEW, 2013) (formerly British Crime Survey), the crime rate for the last ten years showed a decreasing tendency. These rates can be reassuring, however, these figures only represent crimes reported to the police; they do not represent the actual number of crimes in England and Wales.
It comprises of detailed strengths and weaknesses of the risk management planning process (John, Chris, Paul, and Karl, 2004, 13-14). It also includes how the group overcame difficulties while coming up with the risk management planning process and finally a deep evaluation of the risk management planning process of Chesapeake Energy.
5 pages (1250 words)Dissertation
Hire a pro to write a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Apply my DISCOUNT
Got a tricky question? Receive an answer from students like you!Try us!
Let us find you an essay for FREE
Contact us via Live Chat, call us at +16312120006or send an email to email@example.com