Caleb H. Wheeler's Books

Fairness and the Goals of International Criminal Trials

Finding a Balance

By: Caleb H Wheeler

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Fairness and the Goals of International Criminal Trials

Finding a Balance

By: Caleb H Wheeler

This book presents a ground-breaking, interdisciplinary study into the various goals assigned to international criminal trials. It starts from the proposition that no hierarchy exists amongst the different goals meaning that trials should strive to achieve all of them in equal measure. This is made difficult by the fact that not all of these goals are compatible and the fulfilment of one may lead to others going unmet. Therefore, a balance must be found if the goals of trial are to be achieved at all. The book posits that fairness should serve as the guiding principle when weighing the different trial goals against one another. It is argued that without fairness international and internationalised criminal courts and tribunals lack legitimacy and without legitimacy they lack effectiveness. The book concludes that international criminal trials must adopt procedures that emphasise fairness to all of the parties and trial participants if they wish to accomplish any of the goals set for them. Each chapter is devoted to identifying and explaining a different trial goal, providing analysis of how that particular goal functions in conjunction with the other goals, and discussing the ways in which a fairness-oriented trial model will help achieve those goals. The book provides a dynamic understanding of the different trial goals and the importance of fairness in the trial process by drawing on research from a variety of different legal disciplines while also incorporating scholarship rooted in criminology, political theory, international relations, and psychology. The book will be essential reading for researchers, academics and professionals working in the areas of International Criminal Law, Public International Law and Transitional Justice.

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Page Count

170

Publisher

Taylor & Francis

Published Date

ISBN 10

1000854841

ISBN 13

9781000854848

The Right to Be Present at Trial in International Criminal Law

By: Caleb H. Wheeler

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The Right to Be Present at Trial in International Criminal Law

By: Caleb H. Wheeler

In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses what it means for the accused to be present during international criminal trials and how that meaning has changed. This book also examines the impact that absence from trial can have on the fair trial rights of the accused and whether those rights can be upheld outside of the accused’s presence. Using primary and secondary sources, Caleb Wheeler has identified four different categories of absence and how each affects the right to be present. This permits a more nuanced understanding of how the right to be present is understood in international criminal law and how it may develop in the future.

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