
Contents
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1. Introduction 1. Introduction
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2. Defence in Genocide Trials before National Courts 2. Defence in Genocide Trials before National Courts
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3. Defence in Genocide Trials before International Criminal Courts and Tribunals 3. Defence in Genocide Trials before International Criminal Courts and Tribunals
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4. Concluding Remarks 4. Concluding Remarks
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15 The Defence of Alleged Génocidaires
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Published:October 2009
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Introduction
This chapter is intended to set out and illustrate some of the problems, both general and specific that have arisen and are likely to arise again, that the defence meet when attempting to contribute to the fair trial process, post-conflict establishment or re-establishment of the rule of law, and the maintenance of the rights of the accused in difficult and emotive circumstances.
Defending anyone charged with any criminal offence is never easy. Defending someone charged with the most heinous of offences, genocide, is not only both technically and practically extremely stressful and difficult, but the task carries with it a range of special problems and obstacles that do not necessarily arise even in national and international trials involving allegations almost as grave, such as other crimes against humanity and war crimes.
One of the first and most obvious problems is the almost inevitable and powerfully negative perception of the international community towards alleged perpetrators of a claimed genocide and the unavoidable and very public stigma that attaches to such a grave and emotive allegation.
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