Illicitly Obtained Evidence At The International Criminal Court

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Illicitly Obtained Evidence at the International Criminal Court

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

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.

Evidence in International Criminal Trials

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Author : Mark Klamberg
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004236511
Total Pages : 601 pages
Book Rating : 4.0/5 (42 download)

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 2013-02-21 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Prosecuting International Crimes: A Multidisciplinary Approach

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Author : Bartłomiej Krzan
Publisher : BRILL
ISBN 13 : 900432366X
Total Pages : 325 pages
Book Rating : 4.0/5 (43 download)

Book Synopsis Prosecuting International Crimes: A Multidisciplinary Approach by : Bartłomiej Krzan

Download or read book Prosecuting International Crimes: A Multidisciplinary Approach written by Bartłomiej Krzan and published by BRILL. This book was released on 2016-07-21 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Criminal Evidence

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

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.

National Security and International Criminal Justice

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Author : Herwig Roggemann
Publisher : BRILL
ISBN 13 : 9004481168
Total Pages : 240 pages
Book Rating : 4.0/5 (44 download)

Book Synopsis National Security and International Criminal Justice by : Herwig Roggemann

Download or read book National Security and International Criminal Justice written by Herwig Roggemann and published by BRILL. This book was released on 2021-10-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International and Transnational Criminal Law

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Author : David Luban
Publisher : Aspen Publishing
ISBN 13 : 1543847102
Total Pages : 1853 pages
Book Rating : 4.5/5 (438 download)

Book Synopsis International and Transnational Criminal Law by : David Luban

Download or read book International and Transnational Criminal Law written by David Luban and published by Aspen Publishing. This book was released on 2023-09-15 with total page 1853 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Evidence in International Criminal Procedure

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Author : Kai Ambos
Publisher : Beck/Hart
ISBN 13 : 9781509924134
Total Pages : 800 pages
Book Rating : 4.9/5 (241 download)

Book Synopsis Evidence in International Criminal Procedure by : Kai Ambos

Download or read book Evidence in International Criminal Procedure written by Kai Ambos and published by Beck/Hart. This book was released on 2020-03-18 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Archbold, International Criminal Courts

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Author : Rodney Dixon
Publisher :
ISBN 13 :
Total Pages : 1606 pages
Book Rating : 4.F/5 ( download)

Book Synopsis Archbold, International Criminal Courts by : Rodney Dixon

Download or read book Archbold, International Criminal Courts written by Rodney Dixon and published by . This book was released on 2003 with total page 1606 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a statement of the law and practice of Scotland's sheriff courts

International Criminal Law

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Author : Ilias Bantekas
Publisher : Cavendish Publishing
ISBN 13 : 1843145294
Total Pages : 501 pages
Book Rating : 4.8/5 (431 download)

Book Synopsis International Criminal Law by : Ilias Bantekas

Download or read book International Criminal Law written by Ilias Bantekas and published by Cavendish Publishing. This book was released on 2003-09-09 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

The Global Prosecution of Core Crimes under International Law

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Author : Christopher Soler
Publisher : Springer Nature
ISBN 13 : 9462653356
Total Pages : 695 pages
Book Rating : 4.4/5 (626 download)

Book Synopsis The Global Prosecution of Core Crimes under International Law by : Christopher Soler

Download or read book The Global Prosecution of Core Crimes under International Law written by Christopher Soler and published by Springer Nature. This book was released on 2019-09-18 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Expert Evidence and International Criminal Justice

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Author : Artur Appazov
Publisher : Springer
ISBN 13 : 3319243403
Total Pages : 199 pages
Book Rating : 4.3/5 (192 download)

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 199 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.

Do Exclusionary Rules Ensure a Fair Trial?

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Author : Sabine Gless
Publisher : Springer
ISBN 13 : 3030125203
Total Pages : 387 pages
Book Rating : 4.0/5 (31 download)

Book Synopsis Do Exclusionary Rules Ensure a Fair Trial? by : Sabine Gless

Download or read book Do Exclusionary Rules Ensure a Fair Trial? written by Sabine Gless and published by Springer. This book was released on 2019-04-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.

The International Criminal Court

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Author : Roy S. Lee
Publisher : Transnational Pub Incorporated
ISBN 13 : 9781571052100
Total Pages : 857 pages
Book Rating : 4.0/5 (521 download)

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 Transnational Pub Incorporated. This book was released on 2001 with total page 857 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

State Sovereignty and International Criminal Law

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Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 829308135X
Total Pages : 300 pages
Book Rating : 4.2/5 (93 download)

Book Synopsis State Sovereignty and International Criminal Law by : Morten Bergsmo

Download or read book State Sovereignty and International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2012-11-19 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.

International Criminal Procedure

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Author : Göran Sluiter
Publisher : OUP Oxford
ISBN 13 : 0199658021
Total Pages : 1728 pages
Book Rating : 4.1/5 (996 download)

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 1728 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

United States Attorneys' Manual

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Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (191 download)

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 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Principles of Evidence in International Criminal Justice

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Author : Karim A. A. Khan
Publisher :
ISBN 13 : 9780191818912
Total Pages : 798 pages
Book Rating : 4.8/5 (189 download)

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 798 pages. Available in PDF, EPUB and Kindle. Book excerpt: