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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Criminal Justice through International Criminal Tribunals: Reflections on Some Lessons for National Criminal Justice Systems
Author:Mugwanya, George W.ISNI
Year:2006
Periodical:African Human Rights Law Journal
Volume:6
Issue:1
Pages:26-63
Language:English
Geographic terms:Rwanda
world
Subjects:International Criminal Tribunal for Rwanda
international criminal law
jurisprudence
rule of law
Law, Human Rights and Violence
international relations
Abstract:This article explores some lessons national criminal justice systems may draw from the law applicable to, and the jurisprudence engendered by, United Nations ad hoc international criminal tribunals, with emphasis on the International Criminal Tribunal for Rwanda. In adjudicating the core international crimes of genocide, crimes against humanity and war crimes, these tribunals have broken new ground that enriches the development of international law. It is noteworthy that the contribution of these tribunals is also relevant to national criminal justice systems. The article argues that, although UN ad hoc tribunals are more recent and less developed than national criminal justice systems around the world, and were not established strictly speaking as oversight mechanisms to verify that actions of States give effect to international law, several aspects of the law applicable to, and the jurisprudence of, UN ad hoc tribunals may guide the reform and development of national criminal justice systems in their procedural, evidential and substantive laws, and bring them to the standards of international law and human rights. Notes, ref., sum. [Journal abstract]
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