An edition of Fact-finding without facts (2010)

Fact-finding without facts

the uncertain evidentiary foundations of international criminal convictions

Fact-finding without facts
Nancy A. Combs, Nancy A. Combs
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Last edited by ImportBot
August 2, 2020 | History
An edition of Fact-finding without facts (2010)

Fact-finding without facts

the uncertain evidentiary foundations of international criminal convictions

"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.

Publish Date
Language
English
Pages
420

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Book Details


Table of Contents

The evidence supporting international criminal convictions
Questions unanswered : international witnesses and the information unconveyed
The educational, linguistic, and cultural impediments to accurate fact-finding at the international tribunals
Of inconsistencies and their explanations
Perjury : the counternarrative
Expectations unfulfilled : the consequences of the fact-finding impediments
Casual indifference : the trial chambers' treatment of testimonial deficiencies
Organizational liability revived : the pro-conviction bias explained
Help needed : practical suggestions and procedural reforms to improve fact-finding accuracy
Assessing the status quo : they are not doing what they say they are doing but is what they are doing worth doing?

Edition Notes

Includes bibliographical references (p. 375-407) and index.

Published in
Cambridge [U.K.], New York

Classifications

Dewey Decimal Class
345/.06
Library of Congress
KZ6304.5.E94 C66 2010, KZ7422 .C66 2010

The Physical Object

Pagination
xi, 420 p. ;
Number of pages
420

ID Numbers

Open Library
OL24488647M
ISBN 10
0521111153
ISBN 13
9780521111157
LCCN
2009043282
OCLC/WorldCat
458737867, 659814411

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History

Download catalog record: RDF / JSON
August 2, 2020 Edited by ImportBot import existing book
November 9, 2011 Edited by LC Bot import new book
December 2, 2010 Created by ImportBot initial import