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Defence Perspectives on International Criminal Justice

Defence Perspectives on International Criminal Justice

作者： Gentian Zyberi; Colleen Rohan
出版商： Cambridge University Press
ISBN: 9781107086678
出版时间 April 2017
规格： Hardback
适应领域： U.K. ? 免责申明：
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US$228.15

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This examination of the role of the defence in international criminal proceedings highlights it's contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the challenges involved in the good administration of international criminal justice.

The authors examine, among other issues, the role of the defence during the different stages of international criminal proceedings, the key aspects of defence work which ensure the right of the accused to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.
On the administering of international criminal justice Judge Howard Morrison, QC

Part I. A General Perspective on the Role and Function of the Defence in International Criminal Proceedings:
1. The pioneering role of the defence counsel in international criminal trials: from Nuremberg to The Hague Geert-Jan Knoops
2. Ethical standards in the practice of international criminal law Colleen M. Rohan
3. Who needs a lawyer anyway? Self-representation and standby counsel in international criminal trials Richard Harvey
4. Navigating the tension between effective and efficient legal counselling and respecting the formal rules of the tribunals: what compass to use? Gentian Zyberi

Part II. Institutional Organization and Concerns:
5. Defence organisations and offices at the international courts and tribunals Dominic Kennedy and Isabel Dusterhoft
6. Functional immunity of the defence counsel and defence staff from prosecution before domestic courts Semir Sali and Gentian Zyberi
7. The principle of equality of arms in international criminal proceedings Masha Fedorova

Part III. The Role of the Defence during the Criminal Process:
8. The role of the defence in the pre-trial stage Jens Dieckmann and Marie O'Leary
9. The role of the defence in the trial stage Michael Karnavas
10. The role of the defence in the appellate stage John Ackerman and Colleen M. Rohan
11. Post-conviction remedies and the residual mechanism Martin Petrov and Dejana Radisavljevic

Part IV. Specific Aspects of the Work of the Defence:
12. Developing a case theory and a defence strategy Gregor Guy-Smith
13. Vaguely drawn maps and dimly lit paths: rules governing admissibility of evidence at the ad hoc tribunals (Part I) Wayne Jordash and Lea Kulinowski
14. Vaguely drawn maps and dimly lit paths: rules governing admissibility of evidence at the ad hoc tribunals (Part II) Wayne Jordash and Lea Kulinowski
15. Affirmative defences in international criminal proceedings Annie O'Reilly
16. Defence investigations and the collection of evidence Caroline Buisman and David Hooper

Part V. Concluding Observations:
17. A tale of four illusions: the rights of the defence before international criminal tribunals Dov Jacobs.

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