This is a book about international criminal justice written by one of its foremost practitioners and academic thinkers, Judge Theodor Meron. For two decades, Judge Meron has been at the heart of the international criminal justice system, serving as President of the International Criminal Tribunal for the former Yugoslavia (ICTY), President of the International Residual Mechanism for Criminal Tribunals, and a Judge of the Appeals Chambers of the ICTY and theInternational Criminal Tribunal for Rwanda. Drawing on this experience, and his life and career before serving as an international judge, Judge Meron reflects on some of the key questions facing the international criminal justice system.In the opening chapter, Judge Meron writes vividly about his childhood experiences in Poland during World War II, his education, career with the Israeli Foreign Ministry, and subsequent move into academia in the United States. The book continues with Meron's reflections on what it means to transform from a law professor into an international criminal judge, and shifts focus to the criminal courtroom, addressing topics such as the judicial function, the rule of law, and the principle of fairnessin trying atrocity crimes: genocide, crimes against humanity, and war crimes. Judge Meron discusses judicial independence and impartiality in international criminal courts, shedding light on the mystery of judicial decision-making and deliberations. Notably, he addresses the controversial subjectsof acquittals and the early release of prisoners. Although acquittals are often seen as a failure of international justice, Judge Meron argues that legal principle must come before any extraneous purpose, however desirable that purpose may be. Finally, the book looks ahead at the challenges facing the future of international justice and accountability, and discusses the all-important question: does international criminal justice work?
Author(s): Theodor Meron
Publisher: Oxford University Press Inc.
Year: 2021
Cover
Standing Up For Justice
Copyright
Contents
Preface
PART I SETTING THE SCENE
I. Roots: The Road to Judgeship
The Holocaust
And Life Goes On
The Palestine Opinions
In Academia
The International Committee of the Red Cross
The Dauchy Case
The State Department
Judgeships
Shakespeare
Oxford
Looking Back
II. From Classroom to a Criminal Courtroom
III. Moving from Nuremberg to The Hague
The Necessity to Establish a Tribunal for the former Yugoslavia
State of the Law: The Example of Rape
Non-International Armed Conflicts
Nuremberg Proceedings
Moving Forward with the Law and Due Process
Justifying International Criminal Tribunals
PART II PRINCIPLES, GOALS, PROCESSES
IV. The Rule of Law, the Principle of Legality and Due Process
The Rule of Law
Reifying Rule of Law Principles
Principle of Legality
Selective Accountability
Due Process
V. Trying Violations of Human Rights in International Criminal Tribunals
Post-World War II Changes
The Establishment of International Criminal Tribunals
Common Article 3 and Crimes Against Humanity
Persecution
VI. Judicial Independence and Impartiality
Why Judicial Independence Matters
Ensuring an Independent Judiciary
Judicial Selection
Should Judges Respond to Outside Criticism?
Judicial Assignments and Court Presidents
Judicial Bias and Recusal
Institutional Design and Management
The Presidency and the Prosecution
Communicating with the Public
Rules and Obstructive Behavior of Defendants
The Saga of the Turkish Judge Akay
VII. Judicial Decision-Making and Deliberations
Decision-Making
The uniqueness of the Tribunals
Decision-makers
Judges and staff—background
Judges—processes
The Deliberation Process at International Criminal Tribunals
Civil Law and Common Law Courts
Deliberations at the ICTY/ICTR Appeals Chambers
Appeals from Judgements
Before the hearing
The hearing
After the hearing
Sentencing deliberations
Separate/dissenting opinions
Interlocutory appeals, pre-appeal decisions and petitions for review
Deliberations at the Trial Chambers
Challenges for the Mechanism
VIII. Keeping POWs Safe: The OvĊara Massacre
IX. General Gotovina: A Controversial Acquittal
The Background
I. Excerpts from the Appeals Chamber Majority Judgement of Acquittal of Gotovina
II. A Separate Opinion on Alternate Modes of Liability
III. Judgement of the ICJ Supporting the Gotovina Majority Decision
PART III SELECTED DECISIONS
X. Fleshing Out Principles of Fairness
Prosecutor v. Ngirabatware
Nahimana, Barayagwiza and Ngeze v. The Prosecutor
Prosecutor v. Galić
Renzaho v. The Prosecutor
Prosecutor v. Hadžihasanović and Kubura
Prosecutor v. Šešelj
Prosecutor v. Mladić
Prosecutor v. Mladić
Prosecutor v. Šešelj
Prosecutor v. Galić
Slobodan Milošević v. The Prosecutor
Prosecutor v. Slobodan Milošević
Zigiranyirazo v. The Prosecutor
Prosecutor v. Prlić, Stojić, Praljak, Petković, Ćorić and Pušić
Prosecutor v. Karadžić
Prosecutor v. Nyiramasuhuko, Ntahobali, Nsabimana, Nteziryayo, Kanyabashi and Ndayambaje
Mugenzi and Mugiraneza v. The Prosecutor
Prosecutor v. Dragan Nikolić
Prosecutor v. Bralo
Ntabakuze v. The Prosecutor
Prosecutor v. Mrkšić, ŠljivanĊanin
Prosecutor v. Karadžić
XI. Writing Separately: My Dissenting and Concurring Opinions
Nahimana, Barayagwiza and Ngeze v. The Prosecutor
Prosecutor v. Galić
Bagosora and Nsengiyumva v. The Prosecutor
Prosecutor v. Strugar
Prosecutor v. Halilović
Gacumbitsi v. The Prosecutor
Prosecutor v. Gotovina and MarkaĊ
Prosecutor v. Brđanin
Muvunyi v. The Prosecutor
Prosecutor v. Stakić
XII. Early Release of Prisoners Decisions
Background
Key Early Release Decisions
Prosecutor v. Bisengimana
Prosecutor v. Ntakirutimana
Prosecutor v. Lazarević
Prosecutor v. Galić
Prosecutor v. Beara
Prosecutor v. Kunarac
Prosecutor v. Simba
Prosecutor v. Ćorić
EPILOGUE
XIII. The Road Ahead: Does International Justice Work?
Invigorate the New Era of Accountability
Close the Accountability Gap
Comply with Existing Obligations
Encourage and Invigorate Prosecutions under the Principle of Universal Jurisdiction
Review and Revise Laws and Practices to Ensure Due Process, Fair Trials and Judicial Independence
Invest in Justice Infrastructure
Consider and Support Regional Accountability Initiatives
Develop Innovative Solutions to Foster Greater Accountability— and Revisit or Recycle Past Approaches Where Appropriate
Foreswear Amnesties and Targeted Immunities
Sustain Support for and Cooperation with Existing Accountability Mechanisms
Tackle Apathy, Intransigence and the Absence of Political Will
Measure Success
Reflecting on my Personal Journey
Index
