A Statistical Analysis of the ICTY's bias. | 220 comments (213 topical, 7 editorial, 0 hidden)

Re: You live in never never land (none / 0)

Well, that IS a negotiated plea bargain isn't it. It's a deal with the prosecutor to plead "X" in exchange for a lenient sentence.

Biljana Plavsic also plea bargained... and today she is saying that she was 'misled' by Albright, that she misrepresented the truth in the hope of avoiding sentence.

by vladimir on Wed Mar 18th, 2009 at 06:20:50 AM EST
[ Parent ]

Re: You live in never never land (none / 0)

Normally one would have arranged a face-off in the courtroom between Babic and Martic. At least that's what the Spanish courts do quite often when one of the accused testifies against others.

Most economists teach a theoretical framework that has been shown to be fundamentally useless. -- James K. Galbraith

by Carrie (migeru at eurotrib dot com) on Wed Mar 18th, 2009 at 06:24:01 AM EST
[ Parent ]

Re: You live in never never land (none / 1)

Do spanish courts have negotiated plea bargains? I had the impression that it was an anglo thing.

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by A swedish kind of death on Wed Mar 18th, 2009 at 06:44:47 AM EST
[ Parent ]

Re: You live in never never land (none / 0)

They don't. It appears face-offs are not an Anglo thing, either.

Is this going to become another Inquisitorial vs. Adversarial justice system debate? And is the ICTY run on an inquisitorial or an adversarial system?

Although international tribunals intended to try crimes against humanity, such as the Nuremberg Trials and the International Criminal Court, have generally used a version of the adversarial system, they have also incorporated some key features of the inquisitorial system, such as the use of professional judges, and in the case of the International Criminal Court, the use of a screening pre-trial chamber.

Most economists teach a theoretical framework that has been shown to be fundamentally useless. -- James K. Galbraith

by Carrie (migeru at eurotrib dot com) on Wed Mar 18th, 2009 at 06:51:07 AM EST
[ Parent ]

Re: You live in never never land (none / 0)

Migeru:

And is the ICTY run on an inquisitorial or an adversarial system?

I checked the statute.

ICTY - TPIY :: Statute of the Tribunal

Updated Statute of the International Criminal Tribunal for the former Yugoslavia:

September 2008 (PDF format)

It's a long pdf and my result is simply that I do not know, I think I lack the legal background to sniff out the key sentences. It would appear that the court has had some room to decide its own procedures, which might mean some mix considering the mix of judges.

Sweden's finest (and perhaps only) collaborative, leftist e-newspaper Synapze.se

by A swedish kind of death on Wed Mar 18th, 2009 at 09:17:06 AM EST
[ Parent ]

A Statistical Analysis of the ICTY's bias. | 220 comments (213 topical, 7 editorial, 0 hidden)

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