Courts, politicians and constitutions

✍ Scribed by Robert Forrest

• Book ID: 104393821
• Publisher: Elsevier Science
• Year: 2000
• Tongue: English
• Weight: 219 KB
• Volume: 40
• Category: Article
• ISSN: 1355-0306
• DOI: 10.1016/s1355-0306(00)71989-7

✦ Synopsis

More than a few members of the Society have contributed to the investigation of war crimes in former Yugoslavia. A few have had experience in either giving or leading evidence in the trials that followed those investigations. As a learning experience, it must be unparalleled. One of the lessons that has come out of the Balkan inferno is that a Court staffed by Judges and Advocates with backgrounds from many different jurisdictions can be made to work. The Civil and Common law traditions, inter alia, can come together to produce a court that works in specific circumstances with a limited remit to produce a just result, although there is certainly no any sort of equality of arms between the resources available to the prosecution and defence.