Quandary of Retrials of the Powerful and the Mighty in International Justice System: The Case of Kosovo war Tribunals

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Abstract:

A retrial of a case, whose judgment has already been rendered, had not been a dominant occurrence in the history of international criminal justice. This position has changed since August 2011 following the very famous case of Prosecutor v. Ramush Haradinaj, ldriz Balaj and Lahi Brahimaj. Haradinaj has been famously known for being one amongst the first few cases to ever to go through a retrial within international criminal justice system. This research project intends to specifically target issues of a retrial, justice and victim intimidation in the international criminal justice systems. The research will explore various challenges facing witnesses at international level. Conjointly with others, the key issue of witness intimidation will be analyzed in detail. The study will also pay particular focus on the issue of ·fairness· in the international arena. As it stands, the ‘right to a fair trial’ is ambiguous and perhaps the same needs to be given a clearer meaning. Important key questions to be asked include; whether or not retrial s serve justice within the international criminal justice system; whether retrials can maintain fairness; and what precaution tribunals should take in dealing with powerful individuals. The data to be used in this research project will primarily be secondary sources.

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Quandary of Retrials of the Powerful and the Mighty in International Justice System: The Case of Kosovo war Tribunals

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