Jan 31, 2007

CfP: The ICTY and Human Rights

The Competence Centre South-Eastern Europe at the Law Faculty of the University of Graz, in co-operation with Forum Alpbach and Herbert-Batliner- Europainstitut, invites you to submit a paper for the Conference

"The ICTY and Human Rights: Towards a Fair Trial in International Criminal Procedure?"

March 29 - 30, 2007 Graz, Austria

Our aim: to sum up the legal impact of the practice of the ICTY in the area of human rights and procedural law

Subject areas:

a.. Applicability and Effect of Human Rights in International
b.. Criminal Law
c.. The Human Rights Dimension of the Rules of Evidence
d.. The Human Rights Dimension of the Rules of Procedure

Call for papers

Applicability and Effect of Human Rights in International Criminal Law

a.. impact of regional human rights conventions and universal
b.. treaty-based instruments
c.. role of customary international law
d.. role of humanitarian law
e.. influence of the varying approaches of civil law / common law
f.. jurisdictions to a fair trial
g.. human rights, discretionary protection of the integrity of proceedings and the "shocking the conscience"- approach
h.. are there grounds for a common underlying concept of a fair trial?


The Human Rights Dimension of the Rules of Evidence

a.. problems with the Court's control over the admissibility of evidence
b.. use of illegally obtained evidence and problems posed for the integrity of proceedings
c.. finding or constructing truth: adversarial vs. inquisitorial themes (e.g. plea bargaining)
d.. expert witnesses as party witnesses or independent sources of expertise?

The Human Rights Dimension of the Rules of Procedures

a.. with disclosure of exculpatory evidence, limited resources to locate witnesses, limited capacity to cope with overflow of prosecution information
b.. equality of arms during the prosecution stage, esp. problem "trial by ambush"?
c.. defendant's right to self-representation in trial?
d.. problems of the prima facie-review to confirm indictments in absentia-trials
e.. fact-finder vs. need for dossier-based neutrality of proceedings
f.. legitimacy of witness protection vs. the right of the defendant to confront the witnesses against him

The conference language will be English.

Contact:

Dr. Thomas Kruessmann

Phone: +43 316 380 3584

Fax: + 43 316 380 9433

Email: icty_conference_ graz@yahoo. de

For further details please see the conference website at

http://www.uni- graz.at/suedoste uropa/index. php?option= content&task= view&id=283& Itemid=65

[sursa balkans]

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