Essays on ICTY Procedure and Evidence

This collection of essays honours Gabrielle Kirk McDonald, the International Tribunal's second President and the presiding judge in the first international war crimes trial in modern times.

Author: Gabrielle Kirk MacDonald

Publisher: Martinus Nijhoff Publishers

ISBN: 9041114823

Category: Law

Page: 579

View: 995

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This collection of essays honours Gabrielle Kirk McDonald, the International Tribunal's second President and the presiding judge in the first international war crimes trial in modern times. Written by judges, legal advisers and practitioners, it is the first comprehensive overview of the procedural and evidentiary aspects of the International Tribunal's work. These essays will be of great assistance to all of those who are following the work and development of the International Tribunal, particularly practitioners, academics and students. This collection is thus a valuable addition to the literature on the International Tribunal and a worthy tribute to President McDonald and her work.
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Essays on ICTY Procedure and Evidence in Honour of Gabrielle Kirk McDonald

This collection of essays honours Gabrielle Kirk McDonald, the International Tribunal's second President and the presiding judge in the first international war crimes trial in modern times.

Author: Gabrielle McDonald

Publisher: Springer

ISBN: STANFORD:36105060990541

Category: Law

Page: 579

View: 412

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This collection of essays honours Gabrielle Kirk McDonald, the International Tribunal's second President and the presiding judge in the first international war crimes trial in modern times. Written by judges, legal advisers and practitioners, it is the first comprehensive overview of the procedural and evidentiary aspects of the International Tribunal's work. These essays will be of great assistance to all of those who are following the work and development of the International Tribunal, particularly practitioners, academics and students. This collection is thus a valuable addition to the literature on the International Tribunal and a worthy tribute to President McDonald and her work.
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Due Process and International Terrorism

For details, see Schabas, supra note 612, at 398-403; Renee Pruitt, Discovery: Mutual Disclosure, Unilateral Disclosure and NonDisclosure under the Rules of Procedure and Evidence, in Essays on ICTY Procedure, supra note 610, at 305; ...

Author: Roza Pati

Publisher: BRILL

ISBN: 9789047425854

Category: Law

Page: 528

View: 955

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This book is unique as it comprehensively analyzes the international guarantees of due process in criminal law ranging from arrest and detention to other pre-trial procedures to the trial itself and appeals, both in times of normalcy and in times of emergency, against the background of the “Global War on Terror.” Relevant jurisprudence of universal and regional human rights systems is complemented by pertinent customary international law, including humanitarian law, and pertinent guarantees in the hybrid systems of international criminal tribunals. These international due process norms are then compared with pertinent United States criminal procedure, both in times of peace and times of emergency, including the most recent treatment and adjudication of terrorist suspects in Guantánamo and beyond. The book ends with an appraisal of these past measures of counter-terrorism and recommendations regarding the proper balance to be struck between the due process interests of the accused and the security interests of the community.
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International Criminal Procedure

... Workshop in co-operation with the Office ofthe Prosecutor of the International Criminal Tribunals (ICTY and ICTR) ... Essays on ICTY Procedure and Evidence in honour of Gabrielle Kirk McDonald (The Hague: Kluwer Law International, ...

Author: Göran Sluiter

Publisher: OUP Oxford

ISBN: 9780191632594

Category: Law

Page: 1728

View: 162

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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.
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Fact Finding without Facts

2002) Lahiouel, Hafida, The Right of the Accused to an Expeditious Trial, in Essays on ICTY Procedure and Evidence in Honour of Gabrielle Kirk McDonald 197 (Richard May et al. eds., 2001) Lamb, Susan, Illegal Arrest and the Jurisdiction ...

Author: Nancy A. Combs

Publisher: Cambridge University Press

ISBN: 9781139489713

Category: Law

Page:

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Fact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.
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Crime Procedure and Evidence in a Comparative and International Context

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 ...

Author: John D Jackson

Publisher: Bloomsbury Publishing

ISBN: 9781847314628

Category: Law

Page: 462

View: 664

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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.
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Power and Law in International Society

In cases of sexual assault, rule 96(ii) of the ICTY and ICTR Rules of Procedure and Evidence and rule 118(ii) of the ... Essays on ICTY Procedure and Evidence: In Honour of Gabrielle Kirk McDonald (The Hague: Kluwer Law International, ...

Author: Mark Klamberg

Publisher: Routledge

ISBN: 9781317617129

Category: Law

Page: 182

View: 241

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When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.
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An Introduction to International Criminal Law and Procedure

276 Richard May and Marieke Wierda, 'Evidence before the ICTY' in Richard May et al. (eds.), Essays on ICTY Procedure and Evidence (The Hague, 2001), 251. 277 In particular, commentators with a common law background have been critical ...

Author: Robert Cryer

Publisher: Cambridge University Press

ISBN: 9781139465120

Category: Law

Page:

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International criminal law has developed considerably in the last decade and a half, resulting in a complex and re-invigorated discipline. This has impacted directly on the popularity of the study of the subject, particularly on postgraduate law degrees. This textbook serves these courses by providing an introduction to the principles of international criminal law and processes. Written by four international lawyers with experience of teaching international criminal law, it is accessible yet sophisticated in its approach. It covers substantive international criminal law, the institutions designed to enforce it and their procedures, and the international law applicable to domestic prosecutions of international crimes. It will be essential reading for students and teachers of international criminal law. In addition, practitioners and researchers in the field (and in related fields such as criminal law), students of international law and international relations will find this introduction invaluable.
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