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- Almqvist, Jessica
(author)
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The Impact of Cultural Diversity on International Criminal Proceedings
- 2006
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In: Journal of International Criminal Justice. - : Oxford University Press (OUP). - 1478-1387 .- 1478-1395. ; 4:4, s. 745-764
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Journal article (peer-reviewed)abstract
- This article analyses the impact of cultural diversity on international criminal proceedings, and what may be done to counter the unfortunate conditions — limited (or lack of) understanding, alienation and disagreement — resulting from this diversity. Each of these conditions, if ignored, seriously undermines not merely the efficacy of international criminal tribunals, but also their worth from the standpoint of those who are supposed to benefit from them, i.e. actual participants (accused, witnesses and victims) and affected populations. At present, international criminal tribunals primarily understand the problem of cultural diversity as one of how to cope with linguistic variations. However, a persistent focus on culture as language hides differences in terms of other culture-specific components of equal relevance to their work, notably socio-cultural norms and convictions about justice. These variations are especially difficult to tackle. In this context, the article examines whether national courts, which are assumed to conduct their proceedings in more culturally homogenous settings, offer more appropriate fora of adjudication of grave crimes under international law.
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| 3. |
- Klamberg, Mark
(author)
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The Alternative Hypothesis Approach, Robustness and International Criminal Justice
- 2015
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In: Journal of International Criminal Justice. - : Oxford University Press (OUP). - 1478-1387 .- 1478-1395. ; 13:3, s. 535-553
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Journal article (peer-reviewed)abstract
- This article deals with issues pertaining to the process of evaluation of evidence in international criminal justice. Initially, the author analyses some theoretical approaches to the evaluation of evidence. He further examines these theoretical constructs, mainly with emphasis on the 'alternative hypothesis approach' in the light of the case law of international criminal courts and tribunals. He then develops the topic from the angle of the various procedural phases of the proceedings focusing on the determination of guilt, eventually arguing for a broader combined and multifaceted approach to the method of assessment of evidence in international criminal justice depending on the stage of the proceedings and the function of the decision to be taken.
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| 4. |
- Klamberg, Mark, 1975-
(author)
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The Legality of Rebel Courts during Non-International Armed Conflicts
- 2018
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In: Journal of International Criminal Justice. - : Oxford University Press (OUP). - 1478-1387 .- 1478-1395. ; 16:2, s. 235-263
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Journal article (peer-reviewed)abstract
- This article examines relevant norms concerning trials conducted by courts established by armed non-state actors (referred to as ‘rebels’) during non-international armed conflicts. While such courts are often justified by rebels in the interest of securing law and order, states’ perceptions are more negative, especially the territorial state concerned. This raises questions under international humanitarian law, human rights law and international criminal law on the legality of such courts and of fair trial guarantees. Legal deficiencies may result in individual criminal responsibility for the individuals involved, including judges and those carrying out sentences. This article pays attention to the intention held by states when drafting relevant norms and a recent case where a domestic court in Sweden ruled on the individual criminal responsibility of a soldier for carrying out sentences issued by a rebel court, a first for any court worldwide. The dilemma of rebel courts reveals opposing interests in international humanitarian law and international criminal law and raises important policy considerations.
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