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International Criminal Procedure

International Criminal Procedure The Interface of Civil Law and Common Law Legal Systems

Author: Linda Carter; Fausto Pocar
Publisher: Edward Elgar Publishing
ISBN: 9780857939579
Published In: February 2013
Format: Hardback , 272 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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‘This book addresses compelling issues that have come before international criminal tribunals. They include the self-representation of accused persons, plea bargaining and victim participation. It usefully approaches all of the issues and problems from a comparative law perspective. This excellent and accessible work is essential reading for practitioners, faculty and students of international criminal law.’
– Richard Goldstone, Retired Justice of the Constitutional Court of South Africa and for Chief Prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda

The emergence of international criminal courts, beginning with the International Criminal Tribunal for the former Yugoslavia and including the International Criminal Court, has also brought an evolving international criminal procedure. In this book, the authors examine selected issues that reflect a blending of, or choice between, civil law and common law models of procedure. The issues include background on civil law and common law legal systems; plea bargaining; witness proofing; written and oral evidence; self-representation and the use of assigned, standby, and amicus counsel; the role of victims; and the right to appeal.

International Criminal Procedure will appeal to academics, students, researchers, lawyers and judges working in the field of international criminal law.

1. The Challenge of Shaping Procedures in International Criminal Courts

2. Plea Bargaining

3. Witness Proofing

4. Written and Oral Evidence

5. Self-Representation and The Use of Assigned, Standby and Amicus Counsel

6. The Role of Victims

7. Right to Appeal

Index

Edited by Linda Carter, Professor of Law and Co-Director, Global Center for Business and Development, University of the Pacific, McGeorge School of Law, Sacramento, California, US and Fausto Pocar, Professor of International Law, University of Milan and Appeals Judge, International Criminal Tribunals for the Former Yugoslavia and for Rwanda