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The Principle Of Equality Of Arms In International Criminal Proceedings
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Book Synopsis The Principle of Equality of Arms in International Criminal Proceedings by : Mascha Fedorova
Download or read book The Principle of Equality of Arms in International Criminal Proceedings written by Mascha Fedorova and published by Intersentia Uitgevers N V. This book was released on 2012 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interpretation and application of the principle of equality of arms in proceedings before several international criminal courts. The coming of age of these institutions merits an evaluation of the application of one of the fundamental principles underlying a criminal procedure. The practice of these courts presents some substantial challenges to achieving a meaningful equality of arms in the context in which these courts operate. Before studying the law and jurisprudence of the International Criminal Tribunals - for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the International Criminal Court, and the Extraordinary Chambers in the Courts of Cambodia - the historical roots and the meaning of the principle of equality of arms are examined from two perspectives: the human rights perspective and the criminal process perspective. Subsequently, four themes that are central to understanding the principle of equality of arms in the international criminal context are discussed. First, the focus is on the investigation stage of the criminal process and the ability of the parties to prepare for trial. Next, the study takes a closer look at the system of disclosure of materials that were collected during investigations. Third, attention is paid to the issue of the perceived inequality in resources and facilities between the parties and the institutionally unequal positioning of the defense. Last, issues concerning the presentation of the case at the trial stage - such as the time and the number of witnesses the parties are allowed to present and the issues relating to the examination of witnesses and the admissibility of evidence - are examined. The book concludes with general observations on the scope and proper understanding of the principle of fairness, the right to a fair trial, and the principle of equality of arms. (Series: School of Human Rights Research - Vol. 55)
Book Synopsis The Principle of Equality of Arms in International Criminal Justice by : Özge Bengüsu
Download or read book The Principle of Equality of Arms in International Criminal Justice written by Özge Bengüsu and published by . This book was released on 2019-03-19 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Where the State as prosecutor has an enormous power advantage, the principle of equality of arms is fundamental to achieving a fair trial guarantee, to enable the accused a full opportunity to defend him/herself under conditions that do not place him at a substantial disadvantage.The principle, which is evolving to become a right of the accused in international criminal law, provides not only procedural but also substantial and material equality, and should be given more importance in the international criminal field. Dr. Bengüsu offers a detailed analysis of the principle of equality of arms and interprets the principle through extensive examination of proceedings before international criminal courts, before proposing a detailed Article to be adopted by the ICC. This is essential reading for anyone directly interested in the human rights of the accused, and provides important insight for legal students, practicing lawyers, and interested laypersons
Book Synopsis International Criminal Justice by : Michael Bohlander
Download or read book International Criminal Justice written by Michael Bohlander and published by Cameron May. This book was released on 2007 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :Malgorzata Wasek-Wiaderek (Auteur) Publisher :Leuven University Press ISBN 13 :9789058670908 Total Pages :68 pages Book Rating :4.6/5 (79 download)
Book Synopsis The Principle of "equality of Arms" in Criminal Procedure Under Article 6 of the European Convention on Human Rights and Its Functions in Criminal Justice of Selected European Countries by : Malgorzata Wasek-Wiaderek (Auteur)
Download or read book The Principle of "equality of Arms" in Criminal Procedure Under Article 6 of the European Convention on Human Rights and Its Functions in Criminal Justice of Selected European Countries written by Malgorzata Wasek-Wiaderek (Auteur) and published by Leuven University Press. This book was released on 2000 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper deals with one of the significant aspect of fairness in criminal cases, the concept of "equality of arms". The considerations focus initially on the analysis of the scope and meaning of the notion of "equality of arms" in the case-law of the European Commission and the European Court of Human Rights under Article 6 of the European Convention on Human Rights. The author reviewed the Strasbourg case-law on the concept of "equality of arms" in the context of three different but connected procedural topics: equality between the parties in the institutional framework of criminal proceedings, "equality of arms" principle in the evidentiary proceedings in general and "equality of arms" under Article 6 of the Convention in the jurisprudence concerning criminal trials involving anonymous witnesses. Subsequent chapters of the paper survey the application of this notion to different models of criminal procedure, namely to the common law system (of which England is a good example) and to the model of procedure adopted in the countries of Continental Europe (e.g. Germany and Poland). The analysis does not provide for a comprehensive treatment of all national regulations concerning the issue of equality between the parties in a criminal process. Its objective is rather to emphasise the general approach to the principle of "equality of arms" in different models of criminal justice. The final chapter of the paper focuses on the issue of the possible convergence of different models of criminal procedure adopted in Europe with the one model based on the standards and principles emerged form the jurisprudence of the organs of the Convention.
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 1720 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.
Book Synopsis Defense Perspectives on International Criminal Justice by : Colleen Rohan
Download or read book Defense Perspectives on International Criminal Justice written by Colleen Rohan and published by Cambridge University Press. This book was released on 2017-04-27 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.
Book Synopsis Theory and Practice of International and Internationalized Criminal Proceedings by : Geert-Jan G. J. Knoops
Download or read book Theory and Practice of International and Internationalized Criminal Proceedings written by Geert-Jan G. J. Knoops and published by . This book was released on 2005 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although a number of serious crimes have been recognized and defined as international in nature most obviously genocide, war crimes, and crimes against humanity - no universal code of procedural law can be said to govern the conduct of international criminal trials. This important new books takes a giant step toward the development of such a code through an in-depth analysis of actual procedure before existing international and internationalized courts - the International Military Tribunal for Nuremberg and Tokyo (1945), the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), the International Criminal Court (ICC), the Special Court for Sierra Leone (SCSL), and the East Timor Special Panels for Serious Crimes. The author also explores and clarifies the crucial role of human rights law, especially as it has evolved in the jurisprudence of the European Court of Human Rights (ECHR), in the field of international criminal procedural law. Any professional, official, or academic concerned with ensuring the highest standards of international justice will find this book rewarding and useful, Practitioners and policymakers in any criminal justice system will appreciate the detailed practical evaluation and guidance provided here.
Book Synopsis The Relationship between the International Criminal Court and National Jurisdictions by : Jo Stigen
Download or read book The Relationship between the International Criminal Court and National Jurisdictions written by Jo Stigen and published by BRILL. This book was released on 2008-07-25 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere vis-à-vis national judicial systems. The principle acknowledges the primary right of states to prosecute while also recognising the need for international interference when states fail in this task. As formulated in the Rome Statute, however, it leaves complex questions unresolved. To mention a few: When is a national criminal proceeding really an attempt to shield the perpetrator? When can a national judicial system be characterised as unavailable? And when will an ICC prosecution serve the interests of justice? This book seeks to answer these and other related questions by interpreting the relevant provisions of the Rome Statute and discussing them in a broad context. The book also critically assesses policy considerations underlying the establishment of the ICC, including the implications of international criminal justice for achieving peace. It asks, inter alia, whether the ICC should set aside an amnesty which a national truth commission has granted in an attempt to achieve a peaceful transition from tyranny to democracy.
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.
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.
Book Synopsis The Concept of Equality of Arms in Criminal Proceedings Under Article 6 of the European Convention on Human Rights by : Omkar Sidhu
Download or read book The Concept of Equality of Arms in Criminal Proceedings Under Article 6 of the European Convention on Human Rights written by Omkar Sidhu and published by . This book was released on 2011 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: Inherent in and at the core of the right to fair trial in Article 6 of the European Convention on Human Rights is the concept of equality of arms, the construct to which this thesis is devoted within the context of criminal proceedings. As a contextual prelude to specific analysis of this concept, a background for Article 6 is first established which identifies influential historical developments in trial rights and provides an outline of the rationale for the Convention and of the content, and applicability, of the article. Thereafter, the thesis offers a theoretical insight on equality of arms, identifying and exploring its value, contemporary international legal basis and constituent elements as per the Strasbourg definition. The insight on the latter recognises an underpinning relationship between the concept of equality of arms and Article 6(3), and introduces the key argument in the thesis: the European Court of Human Rights equates inequality of arms not with procedural inequality in itself, which would be a dignitarian interpretation, but with procedural inequality that gives rise to actual or, in some circumstances, inevitable prejudice. This argument predominates the subsequent survey of case-law in which the Court's approach to procedural equality is demonstrated and assessed within the context of the right to challenge and call witness evidence (Article 6(3)(d)), the right to adequate time and facilities (Article 6(3)(b)) and the right to legal assistance (Article 6(3)(c)). Though the thesis is based on Article 6 decisions of the Court and, to a lesser extent, the former European Commission of Human Rights, references are made throughout to other national and international legal instruments and judgements whenever instructive.
Book Synopsis Defendants and Victims in International Criminal Justice by : Juan Pablo Perez-Leon-Acevedo
Download or read book Defendants and Victims in International Criminal Justice written by Juan Pablo Perez-Leon-Acevedo and published by Routledge. This book was released on 2020-04-29 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers a variety of key issues pertaining to the rights of defendants and victims at International Criminal Courts (ICTs) and explores how best to balance and enhance the rights of both in order to ensure the effectiveness and efficiency of international criminal proceedings. The rights of victims are becoming an increasingly important issue at ICTs. Yet, at the same time, this has to be achieved without having a detrimental impact upon on the rights of the defence and the efficiency of the courts. This book provides analyses of issues on the rights of both the accused and the victims. By discussing matters concerning these two pivotal actors in international criminal justice within the same volume, the work highlights that there are intrinsic and intense conflicting and converging relationships between victims and the accused, particularly in terms of their rights. While most of the chapters focus mainly on either the accused or the victims, others discuss both at the same time. The work strikes a fine balance between, on the one hand, classic topics on the rights of the accused and the rights of the victims and, on the other, topics which have been largely unexplored and/or which require new angles or perspectives. Additionally, there are some chapters which approach both the rights of the accused and the rights of the victims in new contexts and/or under novel perspectives. The book as a whole provides a discussion of the two sides of this important coin of international criminal justice. The work will be an essential resource for academics, practitioners and students with an interest in the field of international criminal law. It will also be of interest to human rights scholars who are working with the rights of victims and the accused.
Book Synopsis Avoiding a Full Criminal Trial by : Koen Vriend
Download or read book Avoiding a Full Criminal Trial written by Koen Vriend and published by Springer. This book was released on 2016-10-12 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern societies, full criminal trials are avoided on many occasions. This book is concerned with mechanisms that either divert from or speed up the proceedings. Koen Vriend argues that the fair trial rights as established by the European Court of Human Rights under Article 6 ECHR provide a normative framework that does not only apply in a full criminal trial, but that it can also be used for diverted and shortened proceedings. He shows that the concept of fairness—as derived from ECtHR case law—is a fundamental principle that underlies all criminal law enforcement. It provides for the appropriate framework to assess whether diverted or shortened proceedings are fair and legitimate. The book is intended for criminal law scholars and practitioners and human rights scholars. Dr. Koen Vriend is a Lecturer of Criminal Law and Criminal Procedural Law at the University of Amsterdam.
Book Synopsis Defense in International Criminal Proceedings by : Michael Bohlander
Download or read book Defense in International Criminal Proceedings written by Michael Bohlander and published by BRILL. This book was released on 2006-03-21 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of cases and materials attempts for the first time to provide a compendium of the most important legal texts, relevant documents and cases, as well as explanatory commentary on the law of defence in international criminal proceedings by scholars and practitioners who have a wealth of relevant experience in the field. The book provides students in law school courses on international human rights law and ICL with the essential materials to understand the vital importance of an adequate defence in international criminal proceedings. Further, the text gives legal practitioners who may consider extending their field of practice to the international level a look at the diversity of the tasks they will encounter and prepare them for the legal culture shock inevitable at the international tribunals and courts.
Book Synopsis The Concept of Equality of Arms in Criminal Proceedings Under Article 6 of the European Convention on Human Rights by : Omkar Sidhu
Download or read book The Concept of Equality of Arms in Criminal Proceedings Under Article 6 of the European Convention on Human Rights written by Omkar Sidhu and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resumen: 1. A Background for Article 6 - 2. Equality of Arms - 3. Equality of Arms and the Right to Challenge and Call Witness Evidence - 4. Equality of Arms and the Right to Adequate Time and Facilities.
Book Synopsis Redressing Miscarriages of Justice: Practice and Procedure in (International) Criminal Cases by : Geert-Jan Knoops
Download or read book Redressing Miscarriages of Justice: Practice and Procedure in (International) Criminal Cases written by Geert-Jan Knoops and published by BRILL. This book was released on 2007-04-30 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Knoops’ work functions not only as an essential textbook but also as a practical guide for practitioners on the procedural mechanisms available to them after they have exhausted all locally available remedies for redressing miscarriages of justice. Redressing Miscarriages of Justice in (Inter)national Criminal Cases succinctly analyzes techniques and practices before both national courts and international criminal tribunals, attempting to answer such questions as “when is a conviction safe or unsafe” and “when and how to assess and introduce fresh evidence to reopen a criminal case.” While addressing, inter alia, the role of human rights protection and forensic sciences in this area, the text develops a legal framework which is instrumental for practitioners dealing with review procedures before domestic courts (U.S., U.K., Canada, the Netherlands) and international criminal tribunals such as the ICTY, ICTR and ICC. Published under the Transnational Publishers imprint.
Book Synopsis Principles of International Criminal Law by : Gerhard Werle
Download or read book Principles of International Criminal Law written by Gerhard Werle and published by OUP Oxford. This book was released on 2014-08-14 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.
