Call for Papers: Ensuring and Balancing the Rights of Defendants and Victims at International and Hybrid Criminal Courts

Geolocation
Deadline: 
03/19/18
Event Date: 
08/30/18 to 08/31/18
Location name: 
University of Oslo

This conference will comprehensively and critically evaluate the rights of defendants and victims before ICTs. It will bring together a mix of practitioners from the field of international criminal justice and scholars to exchange perspectives and to debate and discuss the issues.

Time and place: Aug. 30, 2018 9:00 AM - Aug. 31, 2018 1:00 PM,

International and hybrid criminal tribunals (ICTs) are by definition not human rights courts or bodies. Nevertheless, human rights are firmly embedded within the legal framework and practice of ICTs. This is particularly so regarding the rights of defendants and victims. Human rights approaches to international criminal justice can be decisive in achieving a balance between defendants and victim rights at ICTs.

We seek papers pursuing empirical, normative, comparative or theoretical approaches, and encourage papers applying alternative theories such as feminist theory, critical legal theory and TWAIL perspectives. We welcome contributions from law and the social sciences, including philosophy, sociology, criminology, psychology and history. Authors may focus on one particular ICT, a sub-group of ICTs or ICTs as a whole. Topics can also examine a specific procedural stage, e.g., appeals, or provide an analytical overview of all proceedings. Conference papers will be selected for publication either in a special edition of a journal or in an anthology.

Papers are requested on the following topics:

The rights of the defendant and victims as standards to assess or improve the legitimacy or effectiveness of ICTs

  • Notion of rights as applied in the context of ICTs;
  • Normative legitimacy and the rights of the defendant and victims at ICTs;
  • Sociological (empirical) legitimacy and the rights of the defendant and victims at ICTs;
  • Goal-based approaches; global justice approaches; feminist approaches; TWAIL approaches and the rights of the defendants and victims at ICTs;
  • Rights of the defendant and victims at ICTs in the light of global constitutionalism and/or constitutionalisation of international law;
  • Rights of the defendant and victims at ICTs and retributive, deterrent, restorative, transformative and/or transitional justice.

The rights of the defendant at ICTs

  • Judicial interpretation of clauses on the rights of the defendant in the law of ICTs; 
  • Ensuring the rights of the defendant at different stages of the process;
  • Using and adapting international human rights law at ICTs;
  • The rights of the defendant at ICTs: ICTs as ‘quasi’-human rights bodies;
  • The legacy of ICTs on the rights of defendants;
  • Practical challenges/considerations in ensuring the rights of the defendant;
  • Impact of the rights of the defendant on the rights of victims at ICTs;
  • Balancing the rights of the defendant and victims: Defence perspectives.

The rights of victims at ICTs

  • Judicial interpretation of clauses on the rights of victims in the law of ICTs;
  • Using and adapting international human rights law at ICTs;
  • The rights of victims at ICTs: ICTs as ‘quasi’-human rights bodies?
  • Protective measures for victims as witnesses;
  • Procedural rights or modalities of participation of victims as participants and/or civil parties;
  • Procedural rights or modalities of participation of victims when claiming reparations;
  • Impact of the rights of victims on the rights of the defendant at ICTs;
  • Balancing the rights of the defendant and victims: Victim-oriented or centred- perspectives.