Illicitly Obtained Evidence At The International Criminal Court

Author : Petra Viebig
Publisher : Springer
Page : 294 pages
File Size : 41,5 Mb
Release : 2016-01-04
Category : Law
ISBN : 9789462650930

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Illicitly Obtained Evidence at the International Criminal Court by Petra Viebig Pdf

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.

Author : Mark Klamberg
Publisher : Martinus Nijhoff Publishers
Page : 601 pages
File Size : 48,8 Mb
Release : 2013-02-21
Category : Law
ISBN : 9789004236516

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Evidence in International Criminal Trials by Mark Klamberg Pdf

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.

Author : Richard May,Marieke Wierda
Publisher : BRILL
Page : 393 pages
File Size : 41,5 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004479647

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International Criminal Evidence by Richard May,Marieke Wierda Pdf

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.

Author : Michael Bohlander
Publisher : Cameron May
Page : 506 pages
File Size : 52,9 Mb
Release : 2007
Category : Law
ISBN : 9781905017447

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International Criminal Justice by Michael Bohlander Pdf

Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.

Author : Herwig Roggemann,Petar Šarcevic
Publisher : BRILL
Page : 240 pages
File Size : 50,8 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004481169

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National Security and International Criminal Justice by Herwig Roggemann,Petar Šarcevic Pdf

One of the main problems of the International Ad hoc-tribunals in The Hague and Arusha, as well as of the permanent International Court, concerns the conflict between national security and secrecy interests of sovereign States arising in legal proceedings as a result of evidence interests and the court hearing the case. While an International Criminal Court cannot succeed without the necessary competence for gathering evidence, it can also not succeed if it fails to take account of legitimate national security interests. Written by well-known authors and commentators, the articles in the book deal with this controversy from the point of view of comparative law and legal politics. The topics covered focus on experiences and decisions from the practice of both ad hoc-tribunals, as well as political and legal discussions relating to the Statute and Rules of Procedure and Evidence of the permanent International Criminal Court.

Author : Ilias Bantekas,Susan Nash
Publisher : Cavendish Publishing
Page : 501 pages
File Size : 43,9 Mb
Release : 2003-09-09
Category : Law
ISBN : 9781843145295

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International Criminal Law by Ilias Bantekas,Susan Nash Pdf

This book explores criminal issues from an international law perspective. It takes account of international (international criminal tribunals) and domestic case law,and recent international developments, such as The International Criminal Co

Author : Christopher Soler
Publisher : Springer Nature
Page : 695 pages
File Size : 44,5 Mb
Release : 2019-09-18
Category : Law
ISBN : 9789462653351

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The Global Prosecution of Core Crimes under International Law by Christopher Soler Pdf

This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.

Author : David Luban,Julie R. O'Sullivan,David P. Stewart,Neha Jain
Publisher : Aspen Publishing
Page : 1853 pages
File Size : 41,8 Mb
Release : 2023-09-15
Category : Law
ISBN : 9781543847109

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International and Transnational Criminal Law by David Luban,Julie R. O'Sullivan,David P. Stewart,Neha Jain Pdf

International and Transnational Criminal Law, Fourth Edition, by David J. Luban, Julie R. O’Sullivan, David P. Stewart, and Neha Jain covers both international criminal law and the application of U.S. criminal law transnationally. This comprehensive and versatile book has chapters on each of the core crimes (aggression, genocide, crimes against humanity, and war crimes) as well as terrorism and torture. It has separate chapters on the international tribunals from Nuremberg on and the ICC. Other chapters treat modes of liability, defenses, crimes against women, and alternatives to criminal prosecution in post-conflict societies. It also covers U.S. criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, trafficking, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and U.S. constitutional rights abroad. Introductory chapters on the nature of international criminal law, transnational jurisdiction, and the basics of public international law make the book accessible to students (as well as government lawyers and private practitioners) with no prior background in this increasingly important field. New to the Fourth Edition: Recent developments in the international tribunals, including the Special Court for the Central African Republic and Colombia’s Special Jurisdiction for Peace. Updates on post-Morrison jurisdictional developments, including new cases and exposition. Expanded treatment of aggression, including coverage of the Russia-Ukraine conflict. Comprehensive revision of the chapter on obtaining evidence abroad, with greater emphasis on difficulties facing defense counsel. Updates on ICC jurisprudence, including developments on command responsibility and criminal defenses. Updated genocide chapter, including a new section on cultural genocide and discussion of the Ukraine v. Russia ICJ litigation. Professors and students will benefit from: Versatility: The book can be used for courses on international criminal law and also for courses on U.S. criminal law applied across borders. Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law. A detailed treatment of “headline” issues including torture, terrorism, war crimes, and the Russia-Ukraine conflict. Readable background on historical context.

Author : Kai Ambos,Alexander Heinze,Philipp Ambach
Publisher : Beck/Hart
Page : 800 pages
File Size : 43,9 Mb
Release : 2020-03-18
Category : Law
ISBN : 1509924132

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Evidence in International Criminal Procedure by Kai Ambos,Alexander Heinze,Philipp Ambach Pdf

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.

Author : Roy S. Lee,H阛kan·Friman
Publisher : Transnational Pub Incorporated
Page : 857 pages
File Size : 47,6 Mb
Release : 2001
Category : Law
ISBN : 1571052100

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The International Criminal Court by Roy S. Lee,H阛kan·Friman Pdf

The editor, former Executive Secretary for the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, gathers the work of 30 legal scholars and international lawyers from Africa, Europe, and the Americas to provide an account of the legislative history of the Elements of Crimes and the Rules of Procedure and Evidence. Sections address the elements of crimes, from the makings of the elements and general principles of criminal law to the specific elements of genocide, crimes against humanity, and war crimes. Rules of procedure and evidence are addressed in 14 chapters, including an elaboration of the rules themselves, discussion of jurisdiction and admissibility, evidence, investigation and prosecution, trial procedures, penalties, international cooperation and judicial assistance, and enforcement. The final section focuses on NGO's contribution to the making of the Elements and Rules. Includes a short introduction by Kofi Annan, Secretary-General of the UN. c. Book News Inc.

Author : Rodney Dixon,Karim A. A. Khan
Publisher : Unknown
Page : 1606 pages
File Size : 52,9 Mb
Release : 2003
Category : Criminal procedure
ISBN : STANFORD:36105060884397

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Archbold, International Criminal Courts by Rodney Dixon,Karim A. A. Khan Pdf

Presents a statement of the law and practice of Scotland's sheriff courts

Author : Artur Appazov
Publisher : Springer
Page : 199 pages
File Size : 45,7 Mb
Release : 2016-01-09
Category : Law
ISBN : 9783319243405

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Expert Evidence and International Criminal Justice by Artur Appazov Pdf

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.

Author : Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev,Salvatore Zappalà
Publisher : OUP Oxford
Page : 1728 pages
File Size : 41,7 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780199658022

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International Criminal Procedure by Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev,Salvatore Zappalà Pdf

This major reference work identifies and crystallizes the common rules and principles underlying international criminal procedure, as developed by international courts and tribunals since the Second World War. It covers the whole of the international criminal process, from initial investigations to the role of victims and the final appeal.

Author : Bartłomiej Krzan
Publisher : BRILL
Page : 325 pages
File Size : 50,7 Mb
Release : 2016-07-21
Category : Law
ISBN : 9789004323667

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Prosecuting International Crimes: A Multidisciplinary Approach by Bartłomiej Krzan Pdf

The volume combines different views, backgrounds and underlying assumptions on the prosecution of international crimes. The contributions shed some additional, useful light that might prove helpful for identifying new dimensions of the reaction (judicial or other) towards international atrocities.

Author : Karim A. A. Khan,Caroline Buisman,Christopher Gosnell
Publisher : Unknown
Page : 798 pages
File Size : 49,9 Mb
Release : 2010
Category : Evidence, Criminal (International law)
ISBN : 0191818917

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Principles of Evidence in International Criminal Justice by Karim A. A. Khan,Caroline Buisman,Christopher Gosnell Pdf