Fact-finding without facts : the uncertain evidentiary foundations of international criminal convictions / Nancy Amoury Combs.
"This book explores international criminal fact-finding to reveal that criminal trials are beset by impediments that impair their ability to determine who did what to whom"--Provided by publisher.
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Main Author: | |
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Format: | Ebook |
Language: | English |
Published: |
Cambridge [U.K.] ; New York :
Cambridge University Press,
2010.
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Subjects: | |
Online Access: | Cambridge Books on Core |
Summary: | "This book explores international criminal fact-finding to reveal that criminal trials are beset by impediments that impair their ability to determine who did what to whom"--Provided by publisher. "Fact-finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess, and as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge. The book ends with an exploration of various normative questions, including the most foundational: whether the international tribunals' fact-finding impediments fatally undermine the international criminal justice project"--Provided by publisher. |
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Physical Description: | 1 online resource (xi, 420 pages) |
Format: | Mode of access: World Wide Web. |
Bibliography: | Includes bibliographical references and index. |
ISBN: | 0511760256 9780511760259 0511905300 9780511905308 0511907869 9780511907869 051190861X 9780511908613 0511909373 9780511909375 1107699711 9781107699717 1282770799 9781282770799 |
DOI: | 10.1017/CBO9780511760259 |