Judicial Responsibility and Coups dÉtat

This book examines the responsibility of judges of domestic courts following unconstitutional usurpation of power of government (coups d'état). It explores judges' liability for failing to discharge their judicial duty independently and impartially, and the criminality of usurpers and their accomplices and collaborators.

Autorentext

Kriangsak Kittichaisaree is a Judge of the International Tribunal for the Law of the Sea. He has served as Chairperson of the UN General Assembly's Working Group on the Administration of Justice at the United Nations; member of the UN International Law Commission responsible for the topic 'The Obligation to Extradite or Prosecute (aut dedere aut judicare)'; and Thailand's Ambassador to Iran, Australia and Russia. He has taught international law at renowned law schools in four continents. His 11 books include the pioneering textbook International Criminal Law (2001); Public International Law of Cyberspace (2017, also translated into Chinese); The Obligation to Extradite or Prosecute (2018); International Human Rights Law and Diplomacy (2020); and The Rohingya, Justice and International Law (2021).

Inhalt

Preface; Abbreviations; 1. Introduction; 2. Legal bases to assess the legality of unconstitutional usurpation of power; 3. Permissible parameters for judges in post-coup suppression of fundamental rights and freedoms; 4. Availability or non-availability of defences for judges in relation to judicial responsibility post-coups; 5. Amnesties, pardons, immunities and other restrictions on the prosecution of usurpers of power and their accomplices or collaborators; 6. International or extra-territorial criminal prosecution of coups-related crimes of international concern; 7. Epilogue; Index;