Journal Article

Unacknowledged Presences in International Criminal Justice

Mirjan Damaška

in Journal of International Criminal Justice

Volume 10, issue 5, pages 1239-1256
Published in print December 2012 | ISSN: 1478-1387
Published online November 2012 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqs072
Unacknowledged Presences in International Criminal Justice

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International criminal justice is mainly seen as an instrument to establish individual criminal accountability for egregious breaches of international law. However, the author contends that often the decisions of international criminal courts and tribunals may have (and have had) an inevitable impact on unindicted persons as well as entities, and that the concerns of these actors have not been duly taken care of in the international criminal justice system. Through an examination of the Gotovina et al. case at the International Criminal Tribunal for the former Yugoslavia the author argues in favour of broadening the possibility of intervention by actors other than the defendant, who may have a certain interest in preserving their position in the proceedings to avoid (albeit indirect) prejudicial effects.

Journal Article.  8510 words. 

Subjects: Criminal Law ; International Law

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