David Tolbert - Academia.edu (original) (raw)

Papers by David Tolbert

The Universal Declaration of Human Rights: Fifty Years and Beyond, 2018

International Criminal Justice Review, 2008

The commentary provides an overview on the Special Tribunal for Lebanon and engages significant i... more The commentary provides an overview on the Special Tribunal for Lebanon and engages significant international legal issues such as the exceptional character of its legal basis and the potential implications on the level of statutory authority, the hybrid nature of the Tribunal (a mix between national and international courts), and the challenges related to the exercise of its jurisdiction over the crime of terrorism. Attention is also paid to the political rationale behind the creation of the Tribunal.

The Oxford Handbook of Atrocity Crimes

This chapter examines the development, effectiveness, and history of transitional justice in the ... more This chapter examines the development, effectiveness, and history of transitional justice in the 20th and 21st centuries. Then, it reviews some of the key issues facing transitional justice in the 21st century. These include the emergence of a normative framework for the field of transitional justice, arising in the 20th century in the shadows of World War II and the Holocaust. It then addresses a number of the key issues that have emerged in the 21st century, including transitional justice and its relationship with criminal justice, gender justice, the role of victims, transformative justice, the template or ‘check the box’ approach and the role donors play in transitional justice efforts. This chapter thus suggests that practitioners and scholars alike are challenging the limits of transitional justice and moving past the approaches, dogmas, and conventional boundaries of the field as it arose in the mid-1990s.

Laura M. OlsonASIL is a nonprofit, nonpartisan, educational membership organization. It was found... more Laura M. OlsonASIL is a nonprofit, nonpartisan, educational membership organization. It was founded in 1906, chartered by the U.S. Congress in 1950, and has held Category II Consultative Status to the Economic and Social Council of the United Nations since 1993. ASIL’s mission is to foster the study of international law and to promote the establishment and maintenance of international relations on the basis of law and justice. The Society’s 4,000 members (from nearly 100 countries) comprise attorneys, academics, corporate counsel, judges, representatives of governments and nongovernmental organizations, international civil servants, students, and others interested in international law. ASIL does not generally take positions on substantive issues, including the ones addressed by this Task Force on U.S. Policy Toward the International Criminal Court. The findings and views expressed by the group members are their own and do not necessarily reflect the views of the Society or its membe...

University of Pennsylvania Journal of International Law, 2009

The Georgia Journal of International and Comparative Law, 2019

As the International Criminal Tribunal for the former Yugoslavia (ICTY) proceeds through its nint... more As the International Criminal Tribunal for the former Yugoslavia (ICTY) proceeds through its ninth and most visible year of existence, it is now possible to look back at its work to date and begin to assess its potential legacy. The record is mixed. On the one hand, the ICTY's achievements have exceeded the boldest hopes of its creators. However, in several important respects, it has failed to make a difference in the region itself. With the arrest of former Yugoslav President Slobodan Milosevic and his subsequent transfer for trial to The Hague by the Serbian authorities, the ICTY suddenly achieved a level of credibility previously unforeseen. In a few short months, Milosevic went from the pinnacle of power in Serbia and the leading role in the unfolding tragedy in the former Yugoslavia to that of the accused in the dock, from regional kingpin to a solitary accused, facing the most serious criminal charges under international law.

Información del artículo Special Tribunal for Lebanon: Orders Regarding the Detention of Persons ... more Información del artículo Special Tribunal for Lebanon: Orders Regarding the Detention of Persons & Memorandum of Understanding - Introductory Note. ...

I will be discussing the "human rights movement", by which I am broadly referring prima... more I will be discussing the "human rights movement", by which I am broadly referring primarily to the non-governmental groups but also academics, practicioners, perhaps foundations and other supporters whose goal is the advancement and protection of human rights. This movement, however defined, has clearly advanced the cause of human rights in an array of areas in past decades. On the normative level, it has incubated and supported a host of human rights treaties and legislation, as well as effective campaigns on a long list of issues, bringing attention to a wide variety of abuses and violations across the globe. These include much greater attention and action on an array of violations, e.g. on gender-based crimes, women's rights, victims' rights, abuses of children, and torture.

Council Policy Initiative (New York: …, 1999

Journal of International Criminal Justice, 2004

* Currently Deputy Registrar, ICTY (as of August 2003). Previously, Executive Director, American ... more * Currently Deputy Registrar, ICTY (as of August 2003). Previously, Executive Director, American Bar Association Central European and Eurasian Law Initiative, 2000–2003. From 1996 to 2000, served in the ICTY as Senior Legal Adviser, Registry and, subsequently, as Chef ...

This article is a constructive analysis of the reasons underlying one the most significant shortc... more This article is a constructive analysis of the reasons underlying one the most significant shortcomings of international criminal tribunals: lengthy detention periods prior to, during and after trial. The authors, who have extensive experience working in international criminal tribunals, argue that the breadth of the indictment cannot be the principal focus of criticism for lengthy proceedings. They advocate a more holistic approach, and examine causes and possible remedies for delay in the pre-trial, trial and post-trial periods. With an eye towards improving the speed of proceedings in other international criminal courts, the authors identify a number of areas for reform, including improvements in the selection process of judges; largely dispensing with oral direct examination; more rigorous training in statement-writing for investigators and lawyers; greater use of investigators from the region where the crimes were committed; judicial mechanisms to restrict unnecessary cross-exa...

Research Handbook on Transitional Justice

International Legal Materials

Información del artículo Special Tribunal for Lebanon: Orders Regarding the Detention of Persons ... more Información del artículo Special Tribunal for Lebanon: Orders Regarding the Detention of Persons & Memorandum of Understanding - Introductory Note. ...

Proceedings of the ASIL Annual Meeting

International Legal Materials

The Special Tribunal for Lebanon ("STL" or "Tribunal") commenced functioning ... more The Special Tribunal for Lebanon ("STL" or "Tribunal") commenced functioning on March 1, 2009. The STL ... RafiqHariri and in the death or injury ... Following the explosionof the car bomb in Beirut that killed Hariri and twenty-two others, the Lebanese authorities opened an ...

Journal of International Criminal Justice

Afkar Ideas Revista Trimestral Para El Dialogo Entre El Magreb Espana Y Europa, 2012

The Universal Declaration of Human Rights: Fifty Years and Beyond, 2018

International Criminal Justice Review, 2008

The commentary provides an overview on the Special Tribunal for Lebanon and engages significant i... more The commentary provides an overview on the Special Tribunal for Lebanon and engages significant international legal issues such as the exceptional character of its legal basis and the potential implications on the level of statutory authority, the hybrid nature of the Tribunal (a mix between national and international courts), and the challenges related to the exercise of its jurisdiction over the crime of terrorism. Attention is also paid to the political rationale behind the creation of the Tribunal.

The Oxford Handbook of Atrocity Crimes

This chapter examines the development, effectiveness, and history of transitional justice in the ... more This chapter examines the development, effectiveness, and history of transitional justice in the 20th and 21st centuries. Then, it reviews some of the key issues facing transitional justice in the 21st century. These include the emergence of a normative framework for the field of transitional justice, arising in the 20th century in the shadows of World War II and the Holocaust. It then addresses a number of the key issues that have emerged in the 21st century, including transitional justice and its relationship with criminal justice, gender justice, the role of victims, transformative justice, the template or ‘check the box’ approach and the role donors play in transitional justice efforts. This chapter thus suggests that practitioners and scholars alike are challenging the limits of transitional justice and moving past the approaches, dogmas, and conventional boundaries of the field as it arose in the mid-1990s.

Laura M. OlsonASIL is a nonprofit, nonpartisan, educational membership organization. It was found... more Laura M. OlsonASIL is a nonprofit, nonpartisan, educational membership organization. It was founded in 1906, chartered by the U.S. Congress in 1950, and has held Category II Consultative Status to the Economic and Social Council of the United Nations since 1993. ASIL’s mission is to foster the study of international law and to promote the establishment and maintenance of international relations on the basis of law and justice. The Society’s 4,000 members (from nearly 100 countries) comprise attorneys, academics, corporate counsel, judges, representatives of governments and nongovernmental organizations, international civil servants, students, and others interested in international law. ASIL does not generally take positions on substantive issues, including the ones addressed by this Task Force on U.S. Policy Toward the International Criminal Court. The findings and views expressed by the group members are their own and do not necessarily reflect the views of the Society or its membe...

University of Pennsylvania Journal of International Law, 2009

The Georgia Journal of International and Comparative Law, 2019

As the International Criminal Tribunal for the former Yugoslavia (ICTY) proceeds through its nint... more As the International Criminal Tribunal for the former Yugoslavia (ICTY) proceeds through its ninth and most visible year of existence, it is now possible to look back at its work to date and begin to assess its potential legacy. The record is mixed. On the one hand, the ICTY's achievements have exceeded the boldest hopes of its creators. However, in several important respects, it has failed to make a difference in the region itself. With the arrest of former Yugoslav President Slobodan Milosevic and his subsequent transfer for trial to The Hague by the Serbian authorities, the ICTY suddenly achieved a level of credibility previously unforeseen. In a few short months, Milosevic went from the pinnacle of power in Serbia and the leading role in the unfolding tragedy in the former Yugoslavia to that of the accused in the dock, from regional kingpin to a solitary accused, facing the most serious criminal charges under international law.

Información del artículo Special Tribunal for Lebanon: Orders Regarding the Detention of Persons ... more Información del artículo Special Tribunal for Lebanon: Orders Regarding the Detention of Persons & Memorandum of Understanding - Introductory Note. ...

I will be discussing the "human rights movement", by which I am broadly referring prima... more I will be discussing the "human rights movement", by which I am broadly referring primarily to the non-governmental groups but also academics, practicioners, perhaps foundations and other supporters whose goal is the advancement and protection of human rights. This movement, however defined, has clearly advanced the cause of human rights in an array of areas in past decades. On the normative level, it has incubated and supported a host of human rights treaties and legislation, as well as effective campaigns on a long list of issues, bringing attention to a wide variety of abuses and violations across the globe. These include much greater attention and action on an array of violations, e.g. on gender-based crimes, women's rights, victims' rights, abuses of children, and torture.

Council Policy Initiative (New York: …, 1999

Journal of International Criminal Justice, 2004

* Currently Deputy Registrar, ICTY (as of August 2003). Previously, Executive Director, American ... more * Currently Deputy Registrar, ICTY (as of August 2003). Previously, Executive Director, American Bar Association Central European and Eurasian Law Initiative, 2000–2003. From 1996 to 2000, served in the ICTY as Senior Legal Adviser, Registry and, subsequently, as Chef ...

This article is a constructive analysis of the reasons underlying one the most significant shortc... more This article is a constructive analysis of the reasons underlying one the most significant shortcomings of international criminal tribunals: lengthy detention periods prior to, during and after trial. The authors, who have extensive experience working in international criminal tribunals, argue that the breadth of the indictment cannot be the principal focus of criticism for lengthy proceedings. They advocate a more holistic approach, and examine causes and possible remedies for delay in the pre-trial, trial and post-trial periods. With an eye towards improving the speed of proceedings in other international criminal courts, the authors identify a number of areas for reform, including improvements in the selection process of judges; largely dispensing with oral direct examination; more rigorous training in statement-writing for investigators and lawyers; greater use of investigators from the region where the crimes were committed; judicial mechanisms to restrict unnecessary cross-exa...

Research Handbook on Transitional Justice

International Legal Materials

Información del artículo Special Tribunal for Lebanon: Orders Regarding the Detention of Persons ... more Información del artículo Special Tribunal for Lebanon: Orders Regarding the Detention of Persons & Memorandum of Understanding - Introductory Note. ...

Proceedings of the ASIL Annual Meeting

International Legal Materials

The Special Tribunal for Lebanon ("STL" or "Tribunal") commenced functioning ... more The Special Tribunal for Lebanon ("STL" or "Tribunal") commenced functioning on March 1, 2009. The STL ... RafiqHariri and in the death or injury ... Following the explosionof the car bomb in Beirut that killed Hariri and twenty-two others, the Lebanese authorities opened an ...

Journal of International Criminal Justice

Afkar Ideas Revista Trimestral Para El Dialogo Entre El Magreb Espana Y Europa, 2012