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The Defendant in International Criminal Proceedings

The Defendant in International Criminal Proceedings

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Criminal Law

The Defendant in International Criminal Proceedings Between Law and Historiography

Name: The Defendant in International Criminal Proceedings
Brand: Hart Publishing
SKU: 9781849462662
Price: 1639.30 HKD
Availability: OutOfStock
Author: Björn Elberling
ISBN: 9781849462662

By Björn Elberling

Hart Publishing August 2012

Specifications

ISBN-13: 9781849462662
Publisher: Hart Publishing
Publication: August 2012
Format: Hardback , 270 pages
Jurisdiction: International ? Countri(es) for reference only

Details

It is often said that criminal procedure should ensure that the defendant is a subject, not just an object, of proceedings. This book asks to what extent this can be said to be true of international criminal trials.

The first part of the book aims to find out the extent to which defendants before international criminal courts are able to take an active part in their trials. It takes an in-depth look at the procedural regimes of international courts, viewed against a benchmark provided by national provisions representing the main traditions of criminal procedure and by international human rights law.

The results of this comparative endeavour are then used to shed light, from a practical point of view, on the oft-debated question whether (international) criminal trials should be used as a tool for writing history or whether, as claimed by Martti Koskenniemi, pursuing this goal leads to a danger of “show trials”.

About the Author

Björn Elberling is an attorney in private practice in Kiel, specialising in criminal defence, media law and migration law. He is a former Research Fellow at the Walther Schücking Institute of International Law, University of Kiel.

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