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This book analyzes the interactions of international criminal
tribunals established since the 1990s with international, national
and regional bodies, making recommendations for the International
Criminal Court (ICC) as it goes forward. Placing the core issues
within the statutory framework of the Rome Statute and major policy
considerations, the authors examine ways in which the ICC can best
coordinate with other accountability mechanisms on national and
regional prosecutions, the UN Security Council, cooperation on the
enforcement of arrest warrants, national non-judicial processes and
amicus briefs from non-governmental organizations (NGOs). This
timely evaluation of the experiences of the ad hoc international
criminal tribunals spotlights the legal, political and coordination
issues that will likely impact the ICC's current mandate to
adjudicate core international crimes. It explores how governments,
inter-governmental bodies and global civil society might best
collaborate to strengthen national capacity to investigate and
prosecute atrocity crimes in pursuit of global justice. The book
also considers the challenge of state cooperation with
international criminal tribunals, identifying lessons for the ICC,
while emphasizing the need for positive complementarity between the
emerging African Criminal Court and the ICC. Lawyers, judges, NGOs,
government officials, academics, and policy makers at all levels
will value this book as an important resource on transitional
justice and the place of justice in the aftermath of conflict and
mass atrocity.
This book analyzes the interactions of international criminal
tribunals established since the 1990s with international, national
and regional bodies, making recommendations for the International
Criminal Court (ICC) as it goes forward. Placing the core issues
within the statutory framework of the Rome Statute and major policy
considerations, the authors examine ways in which the ICC can best
coordinate with other accountability mechanisms on national and
regional prosecutions, the UN Security Council, cooperation on the
enforcement of arrest warrants, national non-judicial processes and
amicus briefs from non-governmental organizations (NGOs). This
timely evaluation of the experiences of the ad hoc international
criminal tribunals spotlights the legal, political and coordination
issues that will likely impact the ICC's current mandate to
adjudicate core international crimes. It explores how governments,
inter-governmental bodies and global civil society might best
collaborate to strengthen national capacity to investigate and
prosecute atrocity crimes in pursuit of global justice. The book
also considers the challenge of state cooperation with
international criminal tribunals, identifying lessons for the ICC,
while emphasizing the need for positive complementarity between the
emerging African Criminal Court and the ICC. Lawyers, judges, NGOs,
government officials, academics, and policy makers at all levels
will value this book as an important resource on transitional
justice and the place of justice in the aftermath of conflict and
mass atrocity.
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 International Criminal Tribunals for the
former Yugoslavia and for 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 topics 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. Contributors include: G.
Acquaviva, L. Carter, H. Garry, S. Horovitz, C.C. Jalloh, M.
Maystre, F. Pocar, J.I. Turner
This title provides an introduction to issues arising in
international and transnational crimes, giving students a broader
perspective on a developing area of the law. The book also provides
faculty and students with material from domestic and international
sources. It builds on a number of subjects treated in the
traditional criminal law class, such as mens rea, actus reus,
accomplice and conspiratorial liability, and defenses, by analyzing
three subjects of current interest: transnational crimes,
terrorism, and genocide.
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 International Criminal Tribunals for the
former Yugoslavia and for 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 topics 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. Contributors include: G.
Acquaviva, L. Carter, H. Garry, S. Horovitz, C.C. Jalloh, M.
Maystre, F. Pocar, J.I. Turner
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