Beyond Punishment: Achieving International Criminal Justice by M. Findlay, R. Henham

By M. Findlay, R. Henham

Overseas felony justice is challenged to raised mirror valid sufferer curiosity. This booklet provides a framework for achieving synthesis between restorative and retributive dimensions inside overseas felony trials with the intention to in attaining the peace-making aspirations of the overseas legal court docket.

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The shift from fact to truth, and from adversarial to mediation styles, will evidence the dynamic process of transformed trial justice. Examples of where similar trial practice operates at jurisdictional levels will be explored through the problem scenario technique. In concluding the chapter, we introduce a dilemma regarding the determination of international criminal liability. We do this to reveal the limitations associated with transforming domestic criminal jurisprudence from the dominant traditions into a context where collective perpetration and victimisation are a more significant reality.

Communitarian justice gives: • form to the legitimate interests of victim communities; • foundation to the wider conceptualisation of rights on offer in the transformed trial; • a future to the expanded governance potential of ICJ; and • frequency to the different justice paradigms on offer in the transformed trial. Communities of justice are where lay and profession interests and capacities are blended in an atmosphere of enhanced judicial discretion to increase the potential for transformed trial justice to satisfy legitimate victim community interests.

To support shifts in trial resolution processes and outcomes, we shall introduce an expanded discussion of trial decision sites and plot where we see the most significant procedural and mechanical challenges that will emerge for trial transformation. In addition, some obstacles to the achievement of trial transformation will be elaborated against suggestions that truth and responsibility may present a more flexible and convincing paradigm for harm management. Outside its practical applications, the analysis will resemble to some extent germane fact/value debates which have long fuelled socio-legal critique.

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