Evidence In International Criminal Procedure

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Evidence in International Criminal Trials

Author : Mark Klamberg
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900423652X
Total Pages : 600 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Evidence in International Criminal Trials by : Mark Klamberg

Download or read book Evidence in International Criminal Trials written by Mark Klamberg and published by Martinus Nijhoff Publishers. This book was released on 2013-03-27 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Evidence in International Criminal Trials Mark Klamberg compares procedural activities relevant for international criminal tribunals and the International Criminal Court, including evaluation, collection, disclosure, admissibility and presentation of evidence. The author analyses what objectives are recognized in relation to the aforementioned procedural activities and whether it is possible to establish a priority between them. The concept of “robustness” is introduced to discuss the quantity of evidence in addition to concepts that deal with quality. Finally, the exclusion of every reasonable hypothesis of innocence method is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence. The book seeks to provide guidance on how to confront legal as well as factual issues.

Principles of Evidence in International Criminal Justice

Author : Karim A. A. Khan
Publisher :
ISBN 13 : 0199588929
Total Pages : 876 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Principles of Evidence in International Criminal Justice by : Karim A. A. Khan

Download or read book Principles of Evidence in International Criminal Justice written by Karim A. A. Khan and published by . This book was released on 2010 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Expert Evidence and International Criminal Justice

Author : Artur Appazov
Publisher : Springer
ISBN 13 : 3319243403
Total Pages : 208 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Expert Evidence and International Criminal Justice by : Artur Appazov

Download or read book Expert Evidence and International Criminal Justice written by Artur Appazov and published by Springer. This book was released on 2016-01-09 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Illicitly Obtained Evidence at the International Criminal Court

Author : Petra Viebig
Publisher : Springer
ISBN 13 : 9462650934
Total Pages : 294 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Illicitly Obtained Evidence at the International Criminal Court by : Petra Viebig

Download or read book Illicitly Obtained Evidence at the International Criminal Court written by Petra Viebig and published by Springer. This book was released on 2016-01-04 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Criminal Evidence

Author : Richard May
Publisher : BRILL
ISBN 13 : 9004479643
Total Pages : 393 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis International Criminal Evidence by : Richard May

Download or read book International Criminal Evidence written by Richard May and published by BRILL. This book was released on 2021-10-25 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Criminal Procedure

Author : Linda Carter
Publisher : Edward Elgar Publishing
ISBN 13 : 0857939580
Total Pages : 273 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis International Criminal Procedure by : Linda Carter

Download or read book International Criminal Procedure written by Linda Carter and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'International Criminal Procedure, edited by two insiders to international criminal proceedings, Professor Linda Carter and Professor Fausto Pocar, a judge at the ICTY and a former President of this Tribunal, is a coherently organized, well-researched, very informative and not the least elegantly-written contribution to a young and rapidly developing legal sub-discipline. The book provides its reader with a highly accessible and up-to date introduction into key elements of international criminal procedure as well as with critical commentary and rich inspiration for improvements of current practices.' – Claus Kreß LL.M. (Cantab.), University of Cologne, Germany and Institute for International Peace and Security Law 'This book addresses compelling issues that have come before international criminal tribunals. They include the self-representation of accused persons, plea bargaining and victim participation. It usefully approaches all of the issues and problems from a comparative law perspective. This excellent and accessible work is essential reading for practitioners, faculty and students of international criminal law.' – Richard Goldstone, Retired Justice of the Constitutional Court of South Africa and for Chief Prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda The emergence of international criminal courts, beginning with the International Criminal Tribunal for the former Yugoslavia and including the International Criminal Court, has also brought an evolving international criminal procedure. In this book, the authors examine selected issues that reflect a blending of, or choice between, civil law and common law models of procedure. The issues include background on civil law and common law legal systems; plea bargaining; witness proofing; written and oral evidence; self-representation and the use of assigned, standby, and amicus counsel; the role of victims; and the right to appeal. International Criminal Procedure will appeal to academics, students, researchers, lawyers and judges working in the field of international criminal law.

International Criminal Procedure

Author : Göran Sluiter
Publisher : Oxford University Press
ISBN 13 : 0199658021
Total Pages : 1720 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis International Criminal Procedure by : Göran Sluiter

Download or read book International Criminal Procedure written by Göran Sluiter and published by Oxford University Press. This book was released on 2013-03-21 with total page 1720 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The ambitious aim of the work is to create a guiding framework for international criminal procedural law and practices in the future. As explained by the working groups, the overarching objective of the project is to assist the challenge of delivering fair but also effective trials". -- FOREWORD.

Crime, Procedure and Evidence in a Comparative and International Context

Author : John D Jackson
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314627
Total Pages : 450 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Crime, Procedure and Evidence in a Comparative and International Context by : John D Jackson

Download or read book Crime, Procedure and Evidence in a Comparative and International Context written by John D Jackson and published by Bloomsbury Publishing. This book was released on 2008-09-29 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.

International Criminal Procedure

Author : Göran Sluiter
Publisher : OUP Oxford
ISBN 13 : 0191632600
Total Pages : 2646 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Criminal Procedure by : Göran Sluiter

Download or read book International Criminal Procedure written by Göran Sluiter and published by OUP Oxford. This book was released on 2013-03-21 with total page 2646 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Criminal Law Developments in the Case Law of the ICTY

Author : Gideon Boas
Publisher : BRILL
ISBN 13 : 9047403231
Total Pages : 344 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis International Criminal Law Developments in the Case Law of the ICTY by : Gideon Boas

Download or read book International Criminal Law Developments in the Case Law of the ICTY written by Gideon Boas and published by BRILL. This book was released on 2003-12-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the dawn of the International Criminal Court, the rich experience of the ad hoc International Criminal Tribunal for the former Yugoslavia (ICTY) will prove to be the primary source of legal authorities for many years. The creation of the ICTY in 1993 heralded a new-found willingness of the international community to bring to book perpetrators of war crimes and gross or systematic violations of human rights. Written by academics and practitioners, and notably many "insiders" at the ICTY, this volume focuses particularly on the international and criminal law developments that have taken place in the practice and procedure of the Tribunal. Throughout are threads concerning the development and application of international criminal law not only by the ICTY, but also by the ad hoc International Criminal Tribunal for Rwanda and the new International Criminal Court.

Evidence in International Litigation

Author : Chittharanjan Felix Amerasinghe
Publisher : Brill Nijhoff
ISBN 13 :
Total Pages : 536 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Evidence in International Litigation by : Chittharanjan Felix Amerasinghe

Download or read book Evidence in International Litigation written by Chittharanjan Felix Amerasinghe and published by Brill Nijhoff. This book was released on 2005 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The basic principles relating to the burden of proof, cooperation in the production of evidence as well as the standard of proof, among others, are examined by reference to worldwide international jurisprudence and policies.

The Rome Statute as Evidence of Customary International Law

Author : Yudan Tan
Publisher : BRILL
ISBN 13 : 9004439412
Total Pages : 487 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Rome Statute as Evidence of Customary International Law by : Yudan Tan

Download or read book The Rome Statute as Evidence of Customary International Law written by Yudan Tan and published by BRILL. This book was released on 2021-08-09 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Rome Statute as Evidence of Customary International Law, Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law.

The Trial Proceedings Of The International Criminal Court

Author : Notburga K. Calvo-Goller
Publisher : BRILL
ISBN 13 : 9004149317
Total Pages : 593 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Trial Proceedings Of The International Criminal Court by : Notburga K. Calvo-Goller

Download or read book The Trial Proceedings Of The International Criminal Court written by Notburga K. Calvo-Goller and published by BRILL. This book was released on 2006 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains the trial proceedings of the International Criminal Court, the ICTY and the ICTR in one single volume. This book covers the procedural and evidentiary aspects of the trials before the ICC from the beginning of an investigation until the time the convict has served the sentence and it includes ICTY and ICTR precedents.

United States Attorneys' Manual

Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Pluralism in International Criminal Law

Author : Elies van Sliedregt
Publisher :
ISBN 13 : 0198703198
Total Pages : 481 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Pluralism in International Criminal Law by : Elies van Sliedregt

Download or read book Pluralism in International Criminal Law written by Elies van Sliedregt and published by . This book was released on 2014-02 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: International crimes are mostly prosecuted at the national level and domestic judges have to contend with a plethora of divergent judgments from international tribunals and other domestic courts. This book assesses the impact of this legal pluralism, exploring whether divergence can be accepted as regular feature of international criminal justice.

International Criminal Justice

Author : Gideon Boas
Publisher : Edward Elgar Publishing
ISBN 13 : 1781005605
Total Pages : 335 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis International Criminal Justice by : Gideon Boas

Download or read book International Criminal Justice written by Gideon Boas and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.

The International Criminal Court

Author : Roy S. Lee
Publisher :
ISBN 13 : 9781571052094
Total Pages : 0 pages
Book Rating : 4.0/5 (52 download)

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Book Synopsis The International Criminal Court by : Roy S. Lee

Download or read book The International Criminal Court written by Roy S. Lee and published by . This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the eyes of those who actually conducted the negotiations, each of the 28 chapters chapter focuses on how the Elements and Rules were negotiated, what the main issues were, why certain provisions were included, and why certain proposals were deliberately left out. In the absence of any official travaux preparatoires, this work facilitates a better understanding of the legislative intent and serves as a guide to future application of the Statute by the Court.