Evidence In International Criminal Trials
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Evidence In International Criminal Trials
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Author : Mark Klamberg
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-02-21
Evidence In International Criminal Trials written by Mark Klamberg and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-21 with Law categories.
Evidence in International Criminal Trials compares procedural activities relevant for international criminal tribunals and the International Criminal Court: evaluation, collection, disclosure, admissibility and presentation of evidence. The book provides guidance on how to confront legal as well as factual issues.
Illicitly Obtained Evidence At The International Criminal Court
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Author : Petra Viebig
language : en
Publisher: Springer
Release Date : 2016-01-04
Illicitly Obtained Evidence At The International Criminal Court written by Petra Viebig and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-04 with Law categories.
This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.
Principles Of Evidence In International Criminal Justice
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Author : Karim A. A. Khan
language : en
Publisher:
Release Date : 2010
Principles Of Evidence In International Criminal Justice written by Karim A. A. Khan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.
International Criminal Evidence
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Author : Richard May
language : en
Publisher: BRILL
Release Date : 2021-10-25
International Criminal Evidence written by Richard May and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.
This book provides practitioners, scholars and students with an in-depth analysis of the law of evidence before international criminal tribunals. It treats subjects such as admissibility; hearsay; identification evidence; forensic and documentary evidence. It also discusses procedural issues arising from fair trial rights, state cooperation, witness protection, and the compulsive powers of the court. The main focus of this work is the practice of the United Nations ad hoc International Criminal Tribunals for the former Yugoslavia and Rwanda. However, it traces the developments of the law of evidence back to the trials conducted by the Allied powers after the Second World War. The authors also discuss the future of the law in this field, with comments on the projected implementation of the Statute and the Rules of Procedure of the permanent International Criminal Court. They conclude with some general remarks on trends in international criminal evidence that will be helpful to international tribunals, "mixed" tribunals (such as those proposed for Sierra Leone and Cambodia), and national courts alike. Published under the Transnational Publishers imprint.
Expert Evidence And International Criminal Justice
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Author : Artur Appazov
language : en
Publisher: Springer
Release Date : 2016-01-09
Expert Evidence And International Criminal Justice written by Artur Appazov and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-09 with Law categories.
The book is a comprehensive narration of the use of expertise in international criminal trials offering reflection on standards concerning the quality and presentation of expert evidence. It analyzes and critiques the rules governing expert evidence in international criminal trials and the strategies employed by counsel and courts relying upon expert evidence and challenges that courts face determining its reliability. In particular, the author considers how the procedural and evidentiary architecture of international criminal courts and tribunals influences the courts’ ability to meaningfully incorporate expert evidence into the rational fact-finding process. The book provides analysis of the unique properties of expert evidence as compared with other forms of evidence and the challenges that these properties present for fact-finding in international criminal trials. It draws conclusions about the extent to which particularized evidentiary rules for expert evidence in international criminal trials is wanting. Based on comparative analyses of relevant national practices, the book proposes procedural improvements to address some of the challenges associated with the use of expertise in international criminal trials.
Archbold International Criminal Courts
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Author : Rodney Dixon
language : en
Publisher:
Release Date : 2003
Archbold International Criminal Courts written by Rodney Dixon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Criminal procedure categories.
Presents a statement of the law and practice of Scotland's sheriff courts
International Criminal Procedure
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Author : Göran Sluiter
language : en
Publisher: OUP Oxford
Release Date : 2013-03-21
International Criminal Procedure written by Göran Sluiter and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.
International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.
Evidence In International Criminal Procedure
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Author : Kai Ambos
language : en
Publisher: Beck/Hart
Release Date : 2020-03-18
Evidence In International Criminal Procedure written by Kai Ambos and has been published by Beck/Hart this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-18 with Law categories.
This commentary brings together the relevant body of law on evidence at international criminal courts and tribunals and provides both a detailed description and analysis thereof. This includes a critical assessment of differing approaches across the institutions as well as jurisprudential trends and developments. It therefore serves as a comprehensive guide to the law on evidence and international criminal procedures for practitioners and scholars alike.
The Emerging Practice Of The International Criminal Court
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Author : Carsten Stahn
language : en
Publisher: BRILL
Release Date : 2009
The Emerging Practice Of The International Criminal Court written by Carsten Stahn and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Political Science categories.
The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.
The Opening Statement Of The Prosecution In International Criminal Trials
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Author : Sofia Stolk
language : en
Publisher: Routledge
Release Date : 2021-04-19
The Opening Statement Of The Prosecution In International Criminal Trials written by Sofia Stolk and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-19 with Law categories.
This book addresses the discursive importance of the prosecution’s opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. This book aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times. It takes an interdisciplinary approach and looks at the meaning of the opening narrative beyond its function in the legal process in a strict sense, discussing the ways in which the trial is situated in time and space and how it portrays the main characters. It shows how perpetrators and victims, places and histories, are juridified in a narrative that, whilst purporting to legitimise the trial, the tribunal and international criminal law itself, is beset with tensions and contradictions. Providing an original perspective on the operation of international criminal law, this book will be of considerable interest to those working in this area, as well as those with relevant interests in International/Transnational Law more generally, Critical Legal Studies, Law and Literature, Socio-Legal Studies, Law and Geography and International Relations.