The Internationalisation Of Criminal Evidence

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The Internationalisation of Criminal Evidence

Author : John D. Jackson
Publisher : Cambridge University Press
ISBN 13 : 1139505556
Total Pages : pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis The Internationalisation of Criminal Evidence by : John D. Jackson

Download or read book The Internationalisation of Criminal Evidence written by John D. Jackson and published by Cambridge University Press. This book was released on 2012-01-19 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Although there are many texts on the law of evidence, surprisingly few are devoted specifically to the comparative and international aspects of the subject. The traditional view that the law of evidence belongs within the common law tradition has obscured the reality that a genuinely cosmopolitan law of evidence is being developed in criminal cases across the common law and civil law traditions. By considering the extent to which a coherent body of common evidentiary standards is being developed in both domestic and international jurisprudence, John Jackson and Sarah Summers chart this development with particular reference to the jurisprudence on the right to a fair trial that has emerged from the European Court of Human Rights and to the attempts in the new international criminal tribunals to fashion agreed approaches towards the regulation of evidence.

The Internationalisation of Criminal Evidence

Author : John D. Jackson
Publisher : Cambridge University Press
ISBN 13 : 110701865X
Total Pages : 443 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Internationalisation of Criminal Evidence by : John D. Jackson

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.

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.

Expert Evidence and International Criminal Justice

Author : Artur Appazov
Publisher : Springer
ISBN 13 : 3319243403
Total Pages : 199 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 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.

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.

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.

Pluralism in International Criminal Law

Author : Elies van Sliedregt
Publisher : OUP Oxford
ISBN 13 : 019100829X
Total Pages : 410 pages
Book Rating : 4.1/5 (91 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 OUP Oxford. This book was released on 2014-10-02 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Fairness in International Criminal Trials

Author : Yvonne McDermott
Publisher : Oxford University Press
ISBN 13 : 0191060410
Total Pages : 220 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Fairness in International Criminal Trials by : Yvonne McDermott

Download or read book Fairness in International Criminal Trials written by Yvonne McDermott and published by Oxford University Press. This book was released on 2016-01-21 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in the former Yugoslavia, Sierra Leone, and Rwanda have completed or are beginning to wind up their activities, the time is ripe for a critical evaluation of these international criminal tribunals and their legacy. By examining the due process standards embraced by the five contemporary international criminal tribunals, the author draws conclusions about how the right to a fair trial should be interpreted in international criminal law. This volume addresses key conceptual questions on fairness, including: should international criminal tribunals set the highest standards of fairness, or is it sufficient for their practice to be 'just fair enough'? To whom does the right to a fair trial attach, and can actors such as the prosecution and victims be accurately said to benefit from that right? Does fairness require the full realization of a number of guarantees owed to the accused under the statutory frameworks of international criminal tribunals, or should we instead be concerned with the fairness of the trial 'as a whole'? What is the interplay between domestic and international courts on questions of procedural fairness? What are the elements of fairness in international criminal proceedings? And what remedies are available for breaches of fair trial rights? Through an in-depth exploration of the right to a fair trial, the author concludes that international criminal tribunals should have a role in setting the highest standards of due process protection in their procedures, and that in so doing, they can have a positive impact on domestic justice systems.

International Criminal Evidence at the International Criminal Court

Author : Geert-Jan Alexander Knoops
Publisher : Brill Nijhoff
ISBN 13 : 9789004364219
Total Pages : 0 pages
Book Rating : 4.3/5 (642 download)

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Book Synopsis International Criminal Evidence at the International Criminal Court by : Geert-Jan Alexander Knoops

Download or read book International Criminal Evidence at the International Criminal Court written by Geert-Jan Alexander Knoops and published by Brill Nijhoff. This book was released on 2024-10-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide readers with an overview of the rules of evidence within the International Criminal Court (ICC) and offers guidance for both prosecution and defense counsel. It emphasizes the pivotal role of defense counsel in shaping case law, particularly concerning the admissibility of documentary and forensic evidence, in a system still evolving. Drawing from academic research and practical experience, the book provides practical inside-information for defense counsel on evidence.

Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings

Author : Kelly Pitcher
Publisher : Springer
ISBN 13 : 9462652198
Total Pages : 567 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings by : Kelly Pitcher

Download or read book Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings written by Kelly Pitcher and published by Springer. This book was released on 2017-12-14 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth examination of the judicial response at the internationalcriminal tribunals (ICTs) to the violation of procedural standards in thepre-trial phase of proceedings. It does so against the backdrop of the assumption thatcertain particularities of international criminal proceedings may warrant a differentapproach to the matter than at the national level. By reference to relevant human rights standards and to national criminal procedure,as well as to theoretical accounts of the judicial response to pre-trial procedural violations,this book assesses the ICTs’ law and practice in this regard, thereby identifyingpoints of concern and making suggestions for improvement. In doing so, it considersthe most suitable rationale for responding to procedural violations committed in thepre-trial phase of international criminal proceedings and the merits of judicial discretionin this context, as well as the impact of certain particularities of such proceedingson the determination of how to address procedural violations. The book is intended for academics and practitioners in the field of (international)criminal law who want to gain a deeper understanding of the possible impact ofpre- trial procedural violations on criminal proceedings. Kelly Pitcher is Assistant Professor of Criminal Law and Criminal Procedure at LeidenUniversity in The Netherlands.

Judicial Control of Foreign Evidence in Comparative Perspective

Author : Chantal Joubert
Publisher : Rozenberg Publishers
ISBN 13 : 9036191327
Total Pages : 166 pages
Book Rating : 4.0/5 (361 download)

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Book Synopsis Judicial Control of Foreign Evidence in Comparative Perspective by : Chantal Joubert

Download or read book Judicial Control of Foreign Evidence in Comparative Perspective written by Chantal Joubert and published by Rozenberg Publishers. This book was released on 2005 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses judicial control of foreign evidence in comparative perspective

The Politics of International Criminal Law

Author : Holly Cullen
Publisher : BRILL
ISBN 13 : 9004372490
Total Pages : 407 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Politics of International Criminal Law by : Holly Cullen

Download or read book The Politics of International Criminal Law written by Holly Cullen and published by BRILL. This book was released on 2020-12-15 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.

Principles of Evidence in International Criminal Justice

Author : Karim A. A. Khan
Publisher :
ISBN 13 : 9780191818912
Total Pages : 798 pages
Book Rating : 4.8/5 (189 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 798 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Congo Trials in the International Criminal Court

Author : Richard Gaskins
Publisher : Cambridge University Press
ISBN 13 : 1009275534
Total Pages : 495 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis The Congo Trials in the International Criminal Court by : Richard Gaskins

Download or read book The Congo Trials in the International Criminal Court written by Richard Gaskins and published by Cambridge University Press. This book was released on 2022-05-26 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first in-depth study of the first three ICC trials: an engaging, accessible text meant for specialists and students, for legal advocates and a wide range of professionals concerned with diverse cultures, human rights, and restorative justice. Now with an updated postscript for the paperback edition, it offers a balanced view on persistent tensions and controversies. Separate chapters analyze the working realities of central African armed conflicts, finding reasons for their surprising resistance to ICC legal formulas. The book dissects the Court's structural dynamics, which were designed to steer an elusive middle course between high moral ideals and hard political realities. Detailed chapters provide vivid accounts of courtroom encounters with four Congolese suspects. The mixed record of convictions, acquittals, dissents, and appeals, resulting from these trials, provides a map of distinct fault-lines within the ICC legal code, and suggests a rocky path ahead for the Court's next ventures.

Old Evidence and Core International Crimes

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081600
Total Pages : 313 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis Old Evidence and Core International Crimes by : Morten Bergsmo

Download or read book Old Evidence and Core International Crimes written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2012-11-19 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often only years after the commission of core international crimes that prosecutions and investigations take place. This anthology addresses challenges associated with such delayed justice: the location, treatment, and assessment of old evidence. Part I considers the topic from the perspective of different actors involved in the prosecution of core international crimes at the domestic and international levels. Part II comprises chapters focusing on the efforts of the Bangladeshi authorities to investigate and prosecute international crimes perpetrated during the 1971 war. This book brings together experienced judges, prosecutors, lawyers, scientists, and commentators who have dealt with questions of old evidence in their work. Among the contributors are Shafique Ahmed, Andrew Cayley, David Cohen, Seena Fazel, Siri S. Frigaard, M. Amir-Ul Islam, Md. Shahinur Islam, Agnieszka Klonowiecka-Milart, Alphons M.M. Orie, Stephen J. Rapp, Patrick J. Treanor, Otto Triffterer and Martin Witteveen. The chapters describe the challenges encountered in practice and suggest concrete solutions that can be tailored to fit the circumstances of the case or country. By providing a comprehensive analysis of the relevant problems in this area and a variety of views, this anthology will serve as an invaluable resource for criminal justice actors and researchers seeking to address questions of old evidence.

The Presumption of Innocence in International Human Rights and Criminal Law

Author : Michelle Coleman
Publisher : Routledge
ISBN 13 : 1000352331
Total Pages : 148 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Presumption of Innocence in International Human Rights and Criminal Law by : Michelle Coleman

Download or read book The Presumption of Innocence in International Human Rights and Criminal Law written by Michelle Coleman and published by Routledge. This book was released on 2021-03-03 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.