Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Acquittal (1)
- Appeals (1)
- Civil and Political Rights (ICCPR) (1)
- Criminal justice system (1)
- Criminal procedure (1)
-
- Double jeopardy (1)
- ECHR (1)
- England (1)
- European Convention on Human Rights (1)
- European Human Rights System (1)
- Genocide (1)
- Genocide Convention Case (1)
- Human Rights Committee (1)
- ILC (1)
- International Court of Justice (1)
- International Covenant on Committee Against Torture (1)
- International Law Commission (1)
- International law (1)
- Investigations (1)
- Juries (1)
- Prosecutions (1)
- Remedies (1)
- Tainted acquittal (1)
- Torture (1)
- Trial process (1)
- U.N. Convention Against Torture (1)
- Victims (1)
- Vienna Convention Cases (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic
Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic
San Diego International Law Journal
The aim of this Article is to examine such developments and the current availability of remedies for human rights violations in general. The Author will also examine the appropriateness of such remedies and opportunities to pursue them. The Article starts by identifying remedies in international law. This is followed by a case study and analysis of attempts by several national judiciaries to grapple with remedies prescribed by international law, against the background of international and national remedies. In the course of examining the reasons for an inadequate remedial structure, the Article will focus on several national cases. They will illustrate …
Retrying The Acquitted In England Part Ii: The Exception To The Rule Against Double Jeopardy For Tainted Acquittals, David S. Rudstein
Retrying The Acquitted In England Part Ii: The Exception To The Rule Against Double Jeopardy For Tainted Acquittals, David S. Rudstein
San Diego International Law Journal
Parliament enacted a statute in 1996 intended to limit the double jeopardy bar in some situations in which the defendant obtained an acquittal through improper means, thereby permitting the government to retry the person for the same offense of which he previously was tried and acquitted. The statute, part of the Criminal Procedure and Investigations Act 1996, allows a retrial when an individual's acquittal was tainted, which, under the statute, means an acquittal resulting from interference with, or intimidation of, a juror, witness, or potential witness. In allowing a retrial in such circumstances, the statute creates an exception to the …