Current Issues in Transnational Practice

Current Issues in Transnational Practice. Current Issues in Transnational Practice.

This order is made of two tasks: For task 1, please answer ANY FIVE of the below questions. Please allocate about 1000 words/question with a total of about 5000 words for the chosen 5 questions. Answers are to be taken from the additional materials attached.
1. Identify the achievements and limitations of Rule 11 bis referrals (from the International Criminal Tribunal for Rwanda (ICTR) and International Criminal Tribunal for the former Yugoslavia (ICTY) to Rwanda and the countries of the former Yugoslavia, respectively) to bring about improvements in the legal frameworks of these countries.
2. ‘Gacaca was inevitably imperfect, but also highly ambitious and innovative’. Discuss in relation to the criticisms levelled by numerous human rights organization against Rwanda’s gacaca process.
3. What challenges did the Cambodian domestic legal framework pose for the Extraordinary Chambers in the Courts of Cambodia (ECCC) in prosecuting historic crimes?
4. Do you agree with the Extraordinary Chambers in the Courts of Cambodia (ECCC) Trial Chamber’s approach to the validity of the amnesty and pardon granted to IENG Sary in 1979?
5. How have Cambodia’s institutional weaknesses in relation to judicial independence hampered the work of the Extraordinary Chambers in the Courts of Cambodia (ECCC)?
6. What challenges did the Extraordinary Chambers in the Courts of Cambodia (ECCC) confront in ensuring the protection of the fair trial rights of the accused IENG Thirith? Is the ECCC’s jurisprudential legacy likely to enhance Cambodia’s domestic practices in relation to the treatment of mentally ill defendants?
7. ‘The road to hell is paved with good intentions.’ Discuss in relation to victim participation before the Extraordinary Chambers in the Courts of Cambodia (ECCC).
8. Evaluate the difficulties the International Criminal Court (ICC) has confronted in seeking to operationalize the principle of complementarity (Article 17 of the ICC Statute).
For task 2, write 2450-words essay on EITHER of the topics below:
1. Describe and evaluate various ways in which the interaction between national legal systems and international(ized) criminal tribunals can complicate the achievement of the core aims of international justice; or
2. Based on the interactions between international(ized) criminal tribunals and domestic legal systems studied in this course, do you think these tribunals have adequately fulfilled their early promise of assisting the legal systems of fragile or conflict-affected states to rebuild?

P(27)

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Current Issues in Transnational Practice

Current Issues in Transnational Practice

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