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The Law and Jurisprudence of the International Criminal Tribunals and Courts

Procedure, Evidence and Human Rights Aspects

E-book Pdf met watermerkbeveiliging Engels 2022 9789051891881
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This book provides the most comprehensive overview of the law and jurisprudence of the international and internationalized criminal courts and tribunals concerning procedure, evidence, and human rights. The author analyses the origin and evolution of the relevant statutory provisions and provides the rationale behind the evolution. Relevant jurisprudence of the European Court of Human Rights and practice of the UN Human Rights Committee are included.

This edition reflects developments of the law and jurisprudence since the previous edition and expands its subject matter. The cited jurisprudence and law is up to date as on 1 September 2021.

The Law and Jurisprudence of the International Criminal Tribunals and Courts contains a digest and analysis of relevant decisions and judgements as well as the law of the ICC and other international courts and tribunals. It also provides references to the relevant judgements of the ECtHR and the views of the CCPR. It will be of interest to practitioners, scholars, and law students interested in international criminal justice.

About the previous edition
"Tochilovsky is one of the most respected writers in this area. Having practised before the ICTY from the earliest days and having acquired a wealth of international experience he is uniquely placed to write with authority and insight. His latest work is exceptional and superbly comprehensive. It is indispensable to all judges, practitioners and commentators who wish to get to grips with the law and jurisprudence of the international criminal tribunal and courts. I do not keep it on the shelf of my library, but on my desk for constant reference. I recommend it without any hesitation. A “must have” work for all of us privileged to practice in this area." Karim A.A. Khan – The Prosecutor of the International Criminal Court, Queen’s Counsel, Barrister at Temple Garden Chambers, London, former Assistant UN Secretary-General, Special Adviser and Head of the UNITAD, former Lead Counsel at the ICC, ICTY, SCSL, ECCC, EULEX and other courts

"Mr. Tochilovsky has done a masterful job of distilling the jurisprudence of different international tribunals in his comprehensive, well­organized and clearly written survey, The Law and Jurisprudence of International Criminal Tribunals and Courts. It is an invaluable resource for practitioners of international criminal law and for academics who wish to navigate confidently through an increasingly dense thicket of law and procedure." Judge Mark Brian Harmon – Extraordinary Chambers in the Courts of Cambodia, formerly a Senior Trial Attorney at the ICTY, a former Federal Prosecutor, Civil Rights Division, of the United States Department of Justice

"This book provides a valuable resource to, and a wealth of background material for, practitioners and experts in the field." David Tolbert – The Registrar of the Special Tribunal for Lebanon, former President of the International Center for Transitional Justice, former Deputy Prosecutor of the ICTY


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Preface xxxi
Abbreviations xxxiii

I. Right to be Informed on the Nature and Cause of the Charge 1
II. Accused Access to the Prosecution Material (Disclosure by the Prosecutor) 131
III. Defence Access to Protected Material in Another Case 255
IV. Prosecution Access to the Defence Material (Disclosure by the Defence) 273
V. Disclosure of Other Material and Information 295
VI. Other Pre-Trial Matters 327
VII. Subpoenas and Binding Orders 331
VIII. Protection of Victims and Witnesses 371
IX. Plea Agreements 409
X. Legal Assistance of Counsel 425
XI. Role of the Prosecutor 477
XII. Judicial Impartiality 503
XIII. Trial Proceedings 539
XIV. Victims’ Participation in the Proceedings (ICC) 847
XV. Admissibility of Evidence and the Rights of the Accused 863
XVI. Defences 1109
XVII. Decisions and Judgements 1115
XVIII. Right to Appeal 1197
XIX. Contempt Proceedings and False Testimony 1293
XX. Arrest and Detention 1319
XXI. Provisional Release 1331
XXII. Right to Judicial Review of the Lawfulness of Detention 1401
XXIII. Right to Interpretation and Translation 1413
XXIV. Remedies for Violations of the Accused’s Rights 1433
XXV. Other Procedural Matters 1449
XXVI. International Human Rights Law and International Tribunals 1475

Index 1483

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