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Archbold International Criminal Courts: Practice, Procedure and Evidence, 5th Edition

Archbold International Criminal Courts: Practice, Procedure and Evidence, 5th Edition

Name: Archbold International Criminal Courts: Practice, Procedure and Evidence, 5th Edition
Brand: Sweet & Maxwell U.K.
SKU: 9780414067585
Price: 4248.60 HKD
Availability: InStock
Author: Karim Khan; Rodney Dixon; Sir Adrian Fulford
ISBN: 9780414067585

Edited by Karim Khan · Rodney Dixon · Sir Adrian Fulford

Sweet & Maxwell U.K. September 2018

Specifications

ISBN-13: 9780414067585
Publisher: Sweet & Maxwell U.K.
Publication: September 2018
Format: Hardback
Jurisdiction: International ? Countri(es) for reference only

Details

Archbold International Criminal Courts provides a comprehensive guide to the practice, procedure and rules of evidence applicable to all international criminal courts. Covering the rules, processes and decisions of trial and appellate chambers of the ICC, the work ensures you are following the correct procedures at all times.

Provides a comprehensive guide to the practice, procedure, and rules of evidence applicable to all international criminal courts
Covers the rules, processes and decisions of trial and appellate chambers of the International Criminal Tribunals
Advises on how to prepare for cases and directly participate in trial proceedings
Details how to manage specific offences such as crimes against humanity, crimes of aggression, genocide etc
Incorporates Sentencing, Appeals and Legal aid
Covers the emerging field of victim participation and reparation
Explains the structure of the courts and the powers they have
Covers the ICTY/ICTR/ICC/ECCC, UN Special Courts for the prosecution of serious international crimes in Sierra Leone, Cambodia and Lebanon
Presents the material in a comprehensive manner with detailed annotation
Disperses commentary between the carefully selected sections, parts of statutes, draft, treaties etc.

NEW TO EDITION:

Full coverage and analysis of:

major judgments delivered before the ICTY, including those in the trials of Radovan Karadzic and Ratko Mladic;
all other new judgments with case law, including:
Lubanga, Mbarushimana, Bemba;
Al Mahdi (the first cultural property case);
the first contempt case of the ICC; and
the ECCC's second judgment in the main leadership case, and other new cases being investigated;
the many significant developments in law and procedure since the last edition, including:
the newly established Kosovo Special Court, whose first indictments are expected in 2018;
the Special Tribunal for Lebanon, which is especially important given that the trials are taking place in absentia;
the dramatic developments of the ICC itself, with the trial and appellate proceedings that have been undertaken, particularly in respect of the admissibility of evidence, expert witnesses, protection of witnesses, presence of the accused, and many other areas; and
developments relating to victims and their participation, with the first rulings on reparations for victims following the completion of trials, including in the Lubanga case;
the numerous preliminary examinations that have been opened in respect of Afghanistan, Iraq, Ukraine and Palestine; and
new guidelines and prosecutorial policy on investigations.

Foreword
Preface
Introduction
Establishment and Jurisdiction of the courts and sources of law

Historical Background
Applicable Law
AD Hoc International Criminal Tribunals
ICC
UN Special Courts
Lockerbie Precedent

Structure of the courts

ICC
ICTY and ICTR
UN Special Courts

Powers of the Courts

Powers of coercion
Powers of Co-operation under the ICC statute
UN Special Courts

Principles of Interpretation

Statutory Provisions
Principles if Interpretation

Indictments

Statutory Provisions
Confirmation of Indictments
Form of Indictments
Amendments of Indictments
Withdrawal of Indictments

Pre-trial Procedure

Investigations
Orders and warrants
Preliminary proceedings
Disclosure

Trial Procedure

Case presentation
Rights of the accused
Protection of witnesses and victims
Judgement

Rules of Evidence

General rules
Rules of admissibility
Exclusion of evidence
Powers of trial chambers
Expert testimony

Forms of Participation in Offences

Statutory provisions
Direct forms of participation
Superior responsibility
Charging different forms of participation

War crimes
Statutory provisions
Definition of war crimes

ICC elements
Jurisdictional prerequisites
Grave breaches of the Geneva Conventions
Violations of the laws and customs of war

Crimes against humanity

Statutory provisions
Definition
Elements of the office
Enumerated Offences
Sentence
Charging crimes against humanity
Considerations of proof

Genocide

Statutory Provisions
Background
Elements of the Offence
Acts of genocide
Punishable forms of participation
Charging genocide

Crimes of Aggression

Statutory Provisions
UN Definition
Nuremburg Definition
Elements of the Offence

Contempt, Offences against the Administration of Justice and Removal from office

Statutory Provisions
Definition
Jurisdiction
Proceedings
Penalties
Appeal
Misconduct by high officials of the court

Defences and procedural bars of jurisdiction

Statutory Provisions
Procedural bars of jurisdiction
Specific Defences
Rejected Defences

Sentencing, Compensation, restitution & imprisonment

Sentencing, Statutory Provisions
Available penalties
The aims of sentencing
Factors in determining sentence
Plea agreements
Compensation to an arrested or convicted person: Statutory provision
Summary: Compensation to an arrested or convicted person
Imprisonments, review and commutation of sentence
Summary: imprisonment, review and commutation of sentence

Appeals and Reviews

Statutory Provisions
Interlocutory Appeals

Appeals post Judgement

Reviews

Legal Aid and Defence Counsel Matter
Introduction
Basic Information

Qualification required for counsel
Assignment of counsel
Payment systems for assigned Counsel and Defence Teams
Presenting the case in the courtroom
The client in detention
Deontology
Professional bodies
The ICC
Referrals to the Region under Rule 11bis

Reviews

Judge Sang-Hyun Song, President of the ICC

"The first two editions of Archbold International have provided an invaluable source for practitioners and judges alike. I am delighted that Sweet and Maxwell are publishing a third edition, covering the many developments in this fast-moving area.

Of particularly high value is the way this textbook enables a ready comparison of the regulatory framework of each of the tribunals, together with their jurisprudence. This book is to be recommended to everyone interested in the practice and theory of international criminal law."

Sir Geoffrey Nice QC, Lead Prosecutor in the Milosevic case

"Comprehensive and accessible, this book is as essential for the experienced International Humanitarian lawyer as for the practitioner making her/his first venture into work at these new courts. The law and practice is developing fast and Archbold will keep the practitioner abreast of the statutes, law and relevant commentary from around the globe and nowhere else available."

Michael Mansfield QC, leading Defence Counsel before the ICTY

"This definitive work covers one of the fastest growing and most far-reaching areas of Human Rights Law, which is having an immediate impact on the prospects for justice and peace throughout the world. It is still in its infancy, and presents a challenging organic fluidity influenced by principles culled from very different jurisdictions.
Without this uniquely honed text book, it would be impossible for practitioners to navigate through the maze of procedural and substantive law, touching areas well beyond Europe, from Cambodia to Sudan. Especially significant, is the representation of victims and their families. The ICC has recognised this pressing need with the establishment of a dedicated unit and the authors describe what is involved."

Richard Goldstone, the first Chief Prosecutor of the ICTY and ICTR

"Archbold: International Criminal Courts has undoubtedly already made a substantial contribution to the understanding of and implementation of the many new provisions that apply to the International Criminal Court. It will always be open on the desks in the offices of that Court."

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