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International Criminal Procedure

International Criminal Procedure Principles and Rules

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199658022
  • Published In: March 2013
  • Format: Hardback , 1728 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Identifies and crystallizes the rules and principles of international criminal procedure, based on painstaking analysis of existing case law and practice
  • Provides a comprehensive overview of the procedural law of international criminal tribunals from Nuremberg to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon
  • Gives valuable recommendations for the future development of international criminal procedure

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 Tribunal for 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.

Readership: Practitioners and legal officers working in the field of international criminal law; scholars and students in this area; government and NGO policy-makers; judges in international and domestic courts dealing with issues of international criminal justice

Forewords
Summary table of contents
Expanded table of contents
Table of Cases
Table of Instruments
H. Friman, S. Linton, G. Sluiter, S. Vasiliev, S. Zappalà: Editors' Introduction
1: S. Zappalà, J.D. Ohlin, L. Gradoni, F. Mégret, S. Nouwen, D. Lewis, A. Reisinger-Coracini: General Framework
2: M.M. deGuzman and W.A. Schabas: Initiation of Investigation and Selection of Cases
3: K. de Meester, R. Rastan, G. Sluiter, K. Pitcher: Investigation, Coercive Measures, Arrest and Surrender
4: H. Brady, M. Costi, H. Friman, F. Guariglia, C.-F. Stuckenberg: Charges, Confirmation, Res judicata, Lis pendens, Iura novit curia
5: G. Acquaviva, N. Combs, M. Heikkilä, S. Linton, Y. McDermott, S. Vasiliev: Trial Process
6: G. Boas, B. Don Taylor III, J. Jackson, B. Roche: Appeals, Reviews, and Reconsideration
7: F. Gaynor, D. Jacobs, M. Klamberg and V. Tochilovsky: The Law of Evidence
8: N. Jørgensen and A. Zahar: Deliberation, Dissent, Judgment
9: T. Gut. M. Taylor, D. Mundis, S. Kirsch: Defence Issues
10: A.-M. de Brouwer and M. Heikkilä: The Victims' Role: Participation, Protection, Reparation and Assistance
11: J. Iontcheva-Turner and T. Weigend): Negotiated Justice
Principles and Rules
Bibliography

Edited by Göran Sluiter, Professor in the law of international criminal procedure, University of Amsterdam, Netherlands, Håkan Friman, Visiting Professor, University College London, UK, Suzannah Linton, Professor of International Law, Bangor University, UK, Salvatore Zappalà, Professor of International Law, University of Catania, Italy, and Sergey Vasiliev, Research fellow, University of Amsterdam, Netherlands

Prof. Håkan Friman is Visiting Professor, University College London; Deputy Director-General and Head of the Division for Criminal Cases and International Judicial Cooperation at the Swedish Ministry of Justice. Formerly Associate Judge of Appeals, Svea Court of Appeals, Stockholm, Sweden, Extraordinary Professor, Department of Procedural Law, University of Pretoria, South Africa, and a Consultant to the Office of the Prosecutor of the International Criminal Court. Friman has served as a member of the Swedish ICC delegation since 1996, including to the Rome Conference where he chaired informal sessions of the working group on procedural law. He is the author of numerous publications on international criminal law including the collaboration An Introduction to International Criminal Law and Procedure (Cambridge University Press, 2nd ed. 2010).

Göran Sluiter is Professor of International Criminal Law, in particular the Law of International Criminal Procedure at the University of Amsterdam and lawyer at Bohler Advocaten (Amsterdam). As an ad-litem judge, Sluiter sat on the Van Anraat case, the first genocide case in the Netherlands. Previously, he worked as a Senior Lecturer in Criminal Law at the University of Amsterdam and a Lecturer in International Law at Utrecht University. He is the co-founder and co-editor (with Prof. André Klip) of the series Annotated Leading Cases of International Criminal Tribunals. He has published an extensive number of publications and articles in journals, including the Journal of International Criminal Justice and International Criminal Law Review.

Dr. Suzannah Linton is Professor of International Law at Bangor Law School, Bangor University, in the United Kingdom. She is on the IEF Steering Board and coordinates Working Group 5 on Trial Proceedings. Professor Linton was previously at the University of Hong Kong, where she directed the LLM in Human Rights programme from 2005-2009. Professor Linton teaches Public International Law, and specialised options such as International Criminal Law, International Humanitarian Law and International Human Rights Law. Professor Linton has wide practical work experience with international courts and tribunals, and international organisations, including the International Criminal Tribunal for the Former Yugoslavia and the Office of the UN High Commissioner for Human Rights. She recently launched a major website providing global access to Hong Kong's War Crimes Trials, a forgotten post-World War II accountability process.

Prof. Salvatore Zappalà is Professor of International Law, University of Catania, Italy. Before being awarded a PhD at the European University Institute in Florence (2000), he worked at the Registry and Chambers of the ICTY (1995-1997). His subsequent appointments include Associate Professor at the University of Pisa and the University of Florence and Scientific Project Manager of ETHICS - European Training in Higher International Criminal Sciences at the European University Institute. Prof. Zappalà has published extensively in the field of international criminal law. He is the author of Human Rights in International Criminal Proceedings (Oxford University Press, 2003). Prof. Zappalà is also a member of the board of editors and managing editor of the Journal of International Criminal Justice.

Sergey Vasiliev is Research fellow in international criminal law, Faculty of Law, University of Amsterdam. Previously he was Managing Editor in the ACIL/HiiL Expert Framework on International Criminal Procedure and a Ph.D. researcher in international criminal procedure at the University of Amsterdam. He earned his law degree with specialisation in criminal prosecution in Russia (2003) and holds LL.M. in International and European Criminal Law from the University of Maastricht (2005, cum laude). Prior to his academic work in international criminal law in the Netherlands, he practised civil law in Russia. He is the co-editor (with G. Sluiter) ofInternational Criminal Procedure: Towards a Coherent Body of Law (2009) and the author of several publications in international law and international and comparative criminal procedure.

Contributors: 
Guido Acquaviva (International Criminal Tribunal for the Former Yugoslavia)
Gideon Boas (Monash University) 
Helen Brady (International Criminal Tribunal for the Former Yugoslavia)
Anne-Marie de Brouwer (University of Tilburg)
Nancy Amoury Combs (William and Mary School of Law)
Matteo Costi (International Criminal Tribunal for the Former Yugoslavia)
Fergal Gaynor (International Criminal Tribunal for the Former Yugoslavia)
Lorenzo Gradoni (University of Bologna)
Fabricio Guariglia (International Criminal Court)
Till Gut (University of Cologne)
Margaret DeGuzman (Temply University Beasley School of Law)
Mikaela Heikkilä (Åbo Akademi University)
Jenia Iontcheva Turner (SMU Dedman School of Law)
John Jackson (University College Dublin)
Dov Jacobs (European University Institute)
Nina Jørgensen (ECCC)
Stefan Kirsch (Defence counsel International Criminal Tribunal for the Former Yugoslavia)
Mark Klamberg (Stockholm University)
Claus Kreß (University of Cologne)
D. Lewis
Yvonne McDermott (Irish Centre for Human Rights)
Karel de Meester (University of Amsterdam)
Frédéric Mégret (McGill University)
Judge Erik Møse (International Criminal Tribunal for Rwanda)
Daryl Mundis (International Criminal Tribunal for the Former Yugoslavia)
Sarah Nouwen (Cambridge University)
Jens David Ohlin (Cornell Law School)
Kelly Pitcher (University of Amsterdam)
Rod Rastan (International Criminal Court)
A. Reisinger-Coracini (University of Graz)
Barbara Roche (International Criminal Court)
William Schabas (Irish Center for Human Rights)
Carl-Friedrich Stuckenberg (University of Saarbrücken)
Melinda Taylor (International Criminal Court)
B. Don Taylor III (International Criminal Tribunal for the Former Yugoslavia)
Vladimir Tochilovsky (International Criminal Tribunal for the Former Yugoslavia)
Thomas Weigend (University of Cologne)
Alexander Zahar (Macquarie University, formerly International Criminal Tribunal for Rwanda and International Criminal Tribunal for the Former Yugoslavia)

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