Illicitly Obtained Evidence At The International Criminal Court
Download Illicitly Obtained Evidence At The International Criminal Court full books in PDF, epub, and Kindle. Read online free Illicitly Obtained Evidence At The International Criminal Court ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| Author | : Petra Viebig |
| Publisher | : Springer |
| Total Pages | : 294 |
| Release | : 2016-01-04 |
| Genre | : Law |
| ISBN | : 9462650934 |
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.
| Author | : Richard May |
| Publisher | : BRILL |
| Total Pages | : 393 |
| Release | : 2021-10-25 |
| Genre | : Law |
| ISBN | : 9004479643 |
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.
| Author | : David Luban |
| Publisher | : Aspen Publishing |
| Total Pages | : 1853 |
| Release | : 2023-09-15 |
| Genre | : Law |
| ISBN | : 1543847102 |
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.
| Author | : Bartłomiej Krzan |
| Publisher | : BRILL |
| Total Pages | : 325 |
| Release | : 2016-07-11 |
| Genre | : Law |
| ISBN | : 900432366X |
The volume edited by Bartłomiej Krzan offers different perspectives on the prosecution of international crimes. The analyses contained therein reflect different backgrounds, mainly legal, combining several disciplines, and making it a multidisciplinary study. The main (but definitely not the exclusive) point of reference is that of international law. In addition, other perspectives, those of legal history or sociology of law and obviously the one of criminal law (both substantive and procedural) provide useful alternatives or in most occasions complementary approaches to the examination of the prosecution of international crimes. The book combines different views, backgrounds and underlying assumptions. But gathered together they, it is to be hoped, shed some additional, useful light that might be helpful for identifying new dimensions of the reaction (judicial or other) towards international crimes. Contributors: Władysław Czapliński, Patrycja Grzebyk, Witold Jakimko, Wojciech Jasiński, David Kohout, Karolina Kremens, Bartłomiej Krzan, Krzysztof Masło, Neringa Mickevičiūtė, Robert Uerpmann-Wittzack, Regina Valutyté, Karolina Wierczyńska, Joachim Wolf, Loammi Wolf, and Justinas Žilinskas.
| Author | : Megumi Ochi |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2022 |
| Genre | : |
| ISBN | : |
English Abstract: Core crime cases often involve an enormous number of vulnerable victims and witnesses, reflecting their large-scale commission and systematic and organizational context. Furthermore, the investigations and evidence collection at the crime sites are carried out primarily by local criminal justice authorities or international actors including the United Nations fact-finding missions or international Non-Governmental Organizations in locations remote from the international courts or tribunals located in countries other than the one in which the atrocity happened. To respond to these specificities of international criminal justice, international courts have developed special exceptions to the principles of evidence. This article attempts to highlight the impact of those premises of international criminal justice on the principles of evidence before international courts. It examines especially the specific rules concretizing the principle of orality and of exclusion of illegally obtained evidence through the analysis of various rules and case-laws of the International Criminal Court (ICC). The ICC has provided multiple exceptions to the principle of orality, such as allowing submission of testimony via video-link or admitting “prior recorded testimony”. For exclusion principle, the ICC pays special attention to human rights violations, while it adopts dual testing combining the two requirements of doubts on reliability and damage to integrity. This article concludes with the finding that the exceptions to the evidential principles at the ICC primarily concern the expeditiousness and effectiveness of its trial proceedings, while paying less attention to the local problems that affect other actors in the course of its investigations.
| Author | : Sabine Gless |
| Publisher | : Springer |
| Total Pages | : 387 |
| Release | : 2019-04-17 |
| Genre | : Law |
| ISBN | : 3030125203 |
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.
| Author | : Yvonne McDermott |
| Publisher | : Oxford University Press |
| Total Pages | : 257 |
| Release | : 2024-08-19 |
| Genre | : Law |
| ISBN | : 0192580833 |
Proving International Crimes elucidates how international criminal tribunals have tackled the immense and complex task of proving international crimes such as genocide, war crimes, and crimes against humanity. The challenges posed by the scale and scope of these crimes and the distance in time and space between their commission and their prosecution are well-known. Nevertheless, investigators, lawyers, scholars, and policy makers often look to the law and practice of international criminal tribunals to establish what standards need to be met in the collection, preservation, presentation, and analysis of evidence to prove international crimes. In offering a comprehensive account of the law and practice of evidence before international criminal courts and tribunals to date, as well as recommendations for future practice, this book aims to inform domestic, regional, and international accountability processes for crimes going forward. This book demonstrates that, owing to the flexibility built in to the legal and procedural frameworks of international criminal courts and tribunals, the law of international criminal evidence is often unpredictable and uncertain. To this end, McDermott argues for the development of a coherent epistemic framework driven by two guiding principles: rectitude of decision and the highest standards of fairness.
| Author | : Nancy A. Combs |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2010-07-30 |
| Genre | : Law |
| ISBN | : 1139489712 |
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.
| Author | : Ilias Bantekas |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 1301 |
| Release | : 2010-09-22 |
| Genre | : Law |
| ISBN | : 1847317359 |
This book offers a comprehensive analysis of the major areas of international criminal law (ICL). It approaches its subject matter from both a criminal law and an international law perspective, analysing the various topics exhaustively but in an accessible manner. While looking at the jurisprudence of the international tribunals, it is not confined to this approach, instead looking at all the fields in which ICL is employed. Thus it covers the theory of ICL, including the concepts of individual responsibility, the sources of ICL, State criminality, legality and legitimacy; the subjective (mens rea) and objective (actus reus) elements of international crimes and the particular position of the International Criminal Court Statute; the various modes of liability and participation in international crimes; the doctrine of command responsibility; defences and grounds for excluding liability; immunities; an extensive analysis of all war crimes; crimes against humanity; genocide; the crime of aggression; international criminal law of the sea, including piracy, armed robbery at sea, pollution-related offences, fisheries-related offences, maritime terrorism, injury to cables and pipelines, illegal broadcasting and enforcement against such offences; transnational crimes, including organised crime, corruption, money laundering, illicit trafficking of drugs and postal offences; particular international offences against the person, especially slavery and related practices, apartheid, enforced disappearances and torture; the legal contours of the crime of terrorism; an analysis of the historical development of ICL and of the legal processes relating to the Nuremberg Tribunal; an analysis of the UN tribunals for Yugoslavia and Rwanda; an examination of the International Criminal Court; an analysis of hybrid internationalised tribunals, such as those of Iraq, Sierra Leone, Cambodia, East Timor, Kosovo, Lebanon and Lockerbie, as well as an examination of truth commissions and amnesties; the various strands of criminal jurisdiction, and; the different modes of inter-State cooperation in criminal matters, including cooperation with international tribunals, extradition, illegal rendition and mutual legal assistance.
| Author | : Kuo-hsing Hsieh |
| Publisher | : Routledge |
| Total Pages | : 263 |
| Release | : 2016-03-16 |
| Genre | : Law |
| ISBN | : 1317032446 |
This groundbreaking monograph asserts the need for the establishment of an exclusionary rule of evidence in China as a means of protecting the people from police wrongdoing. The author skilfully explores the foundations and developments of the exclusionary rule in the UK and USA, assessing the rule from a comparative perspective and illuminating some issues that may arise in transferring the rule from one legal system to another. Divided into two parts, the first part discusses lessons from the past, and provides an in-depth examination of the development of the exclusionary rule in the UK and USA, covering rationales, debates and the theoretical foundation of the exclusionary rule in the constitutional context. The second part looks to the future and the establishment of a Chinese exclusionary rule. Specifically, it analyses the effects of police torture, the passive attitude of judges and the need to establish such a rule in practice for future protection of human rights. The author’s experience in criminal law and procedure allow him to adroitly analyse crucial issues on both theoretical and practical level that is understandable to those working in the areas of human rights, comparative criminal procedure, and the Chinese legal system.
