Military Criminal Procedures and Judicial Guarantees: The Example of Switzerland |
| |
| Authors: | Arnold Roberta |
| |
| Affiliation: | * Dr iur, LLM, Legal Adviser, Swiss Department of Defence, Staff of the Chief of the Armed Forces, Laws of Armed Conflict Section. This paper was presented at the conference on ‘Human Rights and the Administration of Justice Through Military Tribunals’, held in Geneva, 26–28 January 2004, under the auspices of the International Commission of Jurists. The views expressed here are those of the author solely. Special thanks go to Brigadier Dieter Weber and Dr. Stefan Flachsmann for their comments [rarnold74{at}hotmail.com]. |
| |
| Abstract: | Since the Nuremberg and Tokyo Trials, scant attention has beendevoted to military tribunals. Only with the creation of theICTY and the ICTR has civil society started reconsidering thequestion of which fora might be better suited for trying individualsresponsible for war crimes and other gross human rights violations.The aim of this paper is to illustrate the Swiss military judicialsystem. It analyses, on the one hand, the judicial guaranteesprovided for in the Swiss Military Penal Code and the Code ofMilitary Penal Procedure. On the other hand, it discusses thejudicial guarantees afforded in the only two war-crimes trialsheld by the Swiss military justice the G case and theNiyonteze case which involved civilians with foreignnationality. Finally, the paper argues against the abolitionof military judicial systems. |
| |
| Keywords: | |
| 本文献已被 Oxford 等数据库收录！ |
|
