جستجوی مقالات مرتبط با کلیدواژه « دادگاه کیفری بین المللی روآندا » در نشریات گروه « فقه و حقوق »

The privilege against self-incrimination means that in criminal procedure an accused shall not put himself in position that its result is his conviction; he shall not be compelled to contribute actively in proceedings which will lead to his conviction; whether he was ordered by inspectors to declare facts or produce documents.
Self-incrimination often occurs within accused's speaking; the question is that, are the privilege against self-incrimination & right to silence the same or not? There are different ideas but it is defendable to say that; the privilege against self-incrimination has wider spread & in addition to acoustic communications, it covers other types of self-incrimination such as produce documents.
This right has been pointed in several international documents such as; “The Universal Declaration of Human Right” & “International Covenant on Civil & Political Rights” & “International Convention on the Elimination of All Forms of Racial Discrimination”.
Statutes & other regulations of international courts (i.e ICC, ICTY, ICTR) has the best standard of accused's defense rights. The privilege against self-incrimination & other aspects of this right (such as adverse inference) expressly has been anticipated in case law & all provisions of these courts.

New communication technologies that have become increasingly prominent with the advent of the Internet have affected most areas of international law including international judicial procedure. Video conferencing is one of the cases that raises the topic of using technology in international criminal tribunals. These courts, which by initially introducing various Preconditions were accepting video testimony only in very exceptional cases, gradually and with increasing development of technology, interpreted their jurisdiction in a way to accept such matter. Indeed, as seen in the process of changing the approach of international criminal tribunals, including the international criminal tribunal for the former Yugoslavia (ICTY), the international criminal tribunal for Rwanda (ICTR), the Special Court of Sierra Leone and the International Criminal Court for accepting testimony through videoconferencing, the modern communication technologies have been able to impose themselves to the field of judicial procedure as an objective reality in the international community.

One of the institutions which is used against the convicts in the countries with the legal system of common law and sometimes in countries with written law is plea bargaining. It means that the negotiation of an agreement between a prosecutor and a defendant whereby the defendant agrees to plead guilty to change in charges or to drop some charges. This institution took place firstly in the United States and then spread to other countries and the legal systems. After the establishment of the international criminal court (ICC), these tribunals started to use this system, as the international criminal tribunal for Yugoslavia is the first tribunal which has exercised this system to resolve some cases and successively, other international criminal tribunals welcomed (accepted) it. Lastly, it has been implicitly implied by the international criminal court (ICC) in its statute. With the respect to the acceptance of this system in the international criminal tribunal specially for Yugoslavia and Rwanda, special panels for East Timor and the international criminal court, meanwhile studying the judiciary procedure and the available international documents, it will be surveyed the effects and provisions for using this system to explore and prove the committed crimes.

The international Convention on the prevention and suppression of the crime of genocide (1948) has enumerated some activities realized in order to destroy, partly or wholly, national, tribal, racial or ethnical groups. The aim has been to protect the existence of these groups. Although the crime of genocide has not been eradicated, it was in the 1990s that the international criminal tribunals found the opportunity to clarify the elements of this crime. The present article shows the definition of the genocide in the light of the decisions of ITCY and ITCR.