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详细
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.
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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
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
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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."
