Co-auteur
  • LIU Daqun (1)
Type de Document
  • Partie ou chapitre de livre (4)
  • Livre (1)
in The Extraordinary Chambers in the Courts of Cambodia Sous la direction de MEISENBERG Simon M, STEGMILLER Ignaz Publié en 2016
ZHANG Binxin
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Victim participation is considered a great innovation of the Rome Statute, and an improvement from the previous international criminal tribunals that failed to attend to victims’ needs and interests. This article compares the victim participation regimes at the ICC and the ECCC. Through this comparative examination, it detects a common trend towards a more streamlined approach despite of the fundamental differences between the victim participation regimes at these two courts. It is then submitted that this trend is unavoidable given the inherent limits of criminal proceedings. Any attempts to refine the victim participation regime have to take into consideration these limits, and to recognize the fact that criminal proceedings is not a panacea. It can only be part of the combined efforts by various mechanisms to truly uphold victims’ rights.

in Asia-Pacific Perspectives on International Humanitarian Law Sous la direction de LINTON Suzannah, MCCORMACK Tim, SIVAKUMARAN Sandesh Publié en 2019-11
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Book abstract: Place is inextricably linked to history by way of culture, language, philosophy, faith and the development of worldviews. The richness and depth of experience of the Asia-Pacific region has been under-studied, over-simplified and under-appreciated. This book addresses that lacuna in the subject area of international humanitarian law. Drawing on authoritative perspectives and interviews with experts in and on this topic, including four of the region's most distinguished international judges, forty-one chapters thematically examine the development of international humanitarian law; practice and application of international humanitarian law; implementation and enforcement of international humanitarian law; and looking to the future and enhancing compliance with international humanitarian law. The expert contributors draw out unique features, providing fresh insights to scholarship. Contributions on and from the area also grapple with the regional commitments to humanitarianism generally, illuminating how and why international humanitarian law might be more readily accepted or ignored in armed conflicts in the region.

Sous la direction de LIU Daqun, ZHANG Binxin Publié en 2016-06
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The book examines the historical trials from different perspectives, including the legal concepts used and debates that took place; the infl uence of the trials within a broader social context, both at their time and later; the collection of evidence; and preservation, compilation and research of historical documents. It not only analyses the trials in their historical and social contexts, but emphasises their present day signifi cance, also as regards the prevention of core international crimes, especially in Asia. The book offers insights on retaining and compiling historical materials concerning these trials as important historical records and new developments in evidence collection in contemporary international criminal courts.

in Historical Origins of International Criminal Law: Volume 3 Sous la direction de BERGSMO Morten, CHEAH Wui Ling, SONG Tianying, YI Ping Publié en 2015-11
ZHANG Binxin
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Since the establishment and operationalisation of the International Criminal Tribunal for the former Yugoslavia (‘ICTY’) and the International Criminal Tribunal for Rwanda (‘ICTR’), many elements of international criminal law have undergone significant development. Sentencing, however, remains a rather underdeveloped area. It still possesses few clear guidelines, and is surrounded by inconsistency and unpredictability. This chapter deals with one particular aspect in international criminal sentencing, namely mitigating circumstances. It attempts to sketch the evolution of the practice and law of mitigating circumstances from the post-Second World War international war crimes trials to two recent convictions and sentencing of the International Criminal Court (‘ICC’). This chapter examines the various mitigating circumstances considered in the judicial discourse of international criminal courts and tribunals in different eras, including war crimes trials after the Second World War, trials at the ICTY and ICTR, and finally the ICC. By means of this historical investigation, the analysis traces the development of the law in this area and identifies key trends. From this, it can be observed that the scope of mitigating circumstances considered by international courts and tribunals has expanded considerably. More importantly, behind this is an amplification of the underlying ideologies of international criminal justice and their goals and aims. In the early trials, the main focus in determining sentencing was the culpability of the accused person and proportionality of sentences. More recent practice, however, has paid more attention to broader goals, such as the accused’s contribution to the reconciliation of a given society. Yet there is no consistent approach as to which is the priority among the different, and at times contradictory, ideologies, and thus also no clear and consistent guidelines on the weight to be attached to the different mitigating circumstances. As a result, this tends to exacerbate the confusion and uncertainty in international criminal sentencing, making it even more inconsistent and unpredictable.

in Historical War Crimes Trials in Asia Sous la direction de ZHANG Binxin Publié en 2016-06
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When examining the war crimes trials after the Second World War, many have criticised the involvement of political elements in these trials. Asia, in particular, seems to suffer most from the “illness” or “abnormality” of political involvement in the judicial process, from Tokyo to today’s international criminal justice endeavours, such as in Cambodia, East Timor and so forth. The Chinese trials of Japanese war criminals after the war have not received much attention because of the lack of first-hand records and many other reasons. But the political considerations in these trials are also obvious and have often been criticised by commentators. By contrast, others defend these trials by emphasising their adherence to judicial guarantees despite the political dimensions. Both attitudes are based on the same presumption, that is, politics is an “evil” that should be separated from judicial processes. The latter should be “pure” and “just”, and that means staying away from “dirty” politics. This chapter considers it over-simplistic to make such a clear-cut separation between justice and politics, and to render it as a black-andwhite dichotomy. By examining the trials of Japanese war criminals by both the Nationalist government in the immediate aftermath of the Second World War and by the People’s Republic of China (‘PRC’) in the 1950s, the chapter seeks to demonstrate how politics plays out in the design and operation of judicial mechanisms. It argues that in a complex social background as existed at the end of a war, judicial proceedings are only one of the means available to meet the various needs of society. Justice might not be the sole, or the most important, goal of the judicial process, which might be designed and used by the decision makers to facilitate other priorities, such as the very existence of the nation or regime, or the maintenance of order and stability...