International Criminal Procedure: Principles and Rules


Product Description
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 Tribunalfor 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.
International Criminal Procedure: Principles and Rules Review
IN INTERNATIONAL CRIMINAL PROCEDUREAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Published by the Oxford University Press, this book of almost 1,700 pages represents the extensive, detailed and jurisprudentially important results of a major collaborative project on international criminal procedure carried out by the International Expert Framework of International Criminal Procedure (IEF-ICP, or IEF for short). `This volume,' explain the editors `is the culmination of the dedicated work by 41 members of the Expert Framework carried over a three year period from 2009 to 2012.
If you are a lawyer, particularly an international lawyer, or one who is involved with cross-border criminal work, you are likely to view this compendium of meticulous research and commentary as a positive and certainly authoritative step toward the ultimate goal of international law: to evolve (eventually) a body of law common to all jurisdictions worldwide and applicable and enforceable across all relevant international boundaries; in short, a truly `international law'.
The expert papers prepared as the result of the pilot meeting at the University of Amsterdam in 2008 were subsequently published in 2009. We mention this because of the title of the work: `International Criminal Procedure: Towards a Coherent Body of Law'. And there you have it in a few words: a summary of the objective of this research; that is, to indicate a conceivable and practical way forward toward the gradual formulation of a truly international body of criminal law.
The provisional results of the project were presented to the legal and academic community at the project's final conference at The Hague in October 2011.
The outcome, in the words of the editors, was `a set of general rules and principles of international criminal procedure', as well as `recommendations toward improved procedural standards and practice of international and hybrid criminal courts and tribunals.'
The dire necessity for such research is revealed in the Introduction to this volume which reminds us of the
plethora of courts and tribunals set up between 1993 and 2007 to deal with mass atrocities generated by war in a number of areas, from the former Yugoslavia and Rwanda, for example, to Sierra Leone, East Timor, Cambodia and Lebanon. The publication of the book is all the more timely in view of the current situation in Syria which is yet to be resolved.
The research, which is logically grouped under categories over ten chapters, includes investigations, arrest and surrender... charges and the trial process... appeals and reviews... law of evidence... deliberation, dissent and judgment... victim issues... defence issues and negotiated justice.
As you would expect from a work of this magnitude, the book contains research resources that can only be described as massive, including extensive and detailed tables of cases, instruments, frequently cited authorities and more, plus a lengthy and detailed index and copious footnoting.
Academic lawyers and specialist practitioners alike will no doubt regard this impressive volume as an essential acquisition for any professional library. This, the first edition has been published recently in 2013.
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