Beyond Punishment: Achieving International Criminal Justice
International criminal justice is challenged to better reflect legitimate victim interest. This book provides a framework for achieving synthesis between restorative and retributive dimensions within international criminal trials in order t
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Also by Mark Findlay and Ralph Henham TRANSFORMING INTERNATIONAL CRIMINAL JUSTICE: Retributive and Restorative Justice in the Trial Process
Beyond Punishment: Achieving International Criminal Justice Mark Findlay University of Sydney, Australia
and
Ralph Henham Nottingham Trent University, UK
© Mark Findlay and Ralph Henham 2010 Softcover reprint of the hardcover 1st edition 2010 978-0-230-22268-7 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6–10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2010 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries
ISBN 978-1-349-30826-2 ISBN 978-0-230-25056-7 (eBook) DOI 10.1057/9780230250567 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalog record for this book is available from the Library of Congress. 10 9 8 7 6 5 4 3 2 1 19 18 17 16 15 14 13 12 11 10
Contents List of Figures
vi
List of Abbreviations
vii
Introduction
1
1 New Moralities for International Criminal Justice
33
2 A Framework for Trial Transformation
58
3 Activating Victim Constituency in International Criminal Justice
82
4 Truth and Responsibility vs. Fact and Liability
121
5 Transformed Process through Enhanced Discretionary Power
148
6 Accountability Frameworks
188
7 Justice as Decision-Making: Principal Pathways of Influence
222
8 Conclusion: Legitimacy, Justice and Governance
256
Bibliography
288
Author Index
299
Subject Index
302
v
List of Figures Figure 1.1 Figure 1.2 Figure 6.1 Figure 6.2
Conflict resolution as a methodological imperative Inclusivity as a paradigm for international penality Accountability and justice transformation Dimensions of international
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