The law and jurisprudence of the international criminal tribunals and courts : procedure, evidence and human rights aspects / Vladimir Tochilovsky.

Format:

Book

Author/Creator:

Tochilovsky, Vladimir, author.

Language:

English

Subjects (All):

International criminal courts.

Criminal procedure (International law).

Human rights.

Physical Description:

1 online resource (1554 pages)

Edition:

Third edition.

Place of Publication:

The Hague, The Netherlands : Eleven, [2022]

Summary:

This book provides the most comprehensive overview of the law and jurisprudence of the international and internationalized criminal courts and tribunals concerning procedure, evidence, and human rights.The author analyses the origin and evolution of the relevant statutory provisions and provides the rationale behind the evolution.

Contents:

Intro

Table of Contents

Preface

Abbreviations

I. Right to be Informed on the Nature and Cause of the Charge

Introduction

International Tribunals

ICC

Statement of the Facts in the Indictment

ECtHR Jurisprudence

General Requirements

Material Facts

Generally

Material Facts and Evidence

Material Facts Related to the Nature of the Criminal Responsibility of the Accused

Pleading Relevant Acts and Conducts

Material Facts Related to State of Mind (mens rea)

Legal Prerequisites as Material Facts

Additional Facts in the Indictment

Charges in the Indictment

Counts

Cumulative and Alternative Charging

Particulars in the Indictment

General Provisions

Particulars Related to the Nature of the Criminal Responsibility of the Accused

Other Particulars

Particulars Related to Victims

Particulars Related to Physical Perpetrators and Subordinates

Particularity of Other Information

Schedules to the Indictment

Use of Some Terms in the Indictment

Additional Particulars Regarding the Offences Charged

Confirmation of the Indictment

Division of Functions Between the Confirming Judge and the Trial Chamber

Confirmation of Charges Hearing at the ICC

Submission of the List of Evidence

Adjournment of the Confirmation Hearing

Written Submissions in Lieu of Confirmation Hearing

Standard of Proof

Non-Disclosure of Indictment and Warrant of Arrest

Amendment of the Charges

Principle of Speciality

Judicial Discretion

Generally.

Factors to Be Considered by the Trial Chamber

Prejudice to the Accused

Undue Delay

Timing

Supporting Material

Joinder of Accused

Same Transaction

Trial Chamber's Discretion and Relevant Factors

Judicial Economy

Avoiding Serious Prejudice to the Accused

Conflict of Interests

Minimising Hardship to Witnesses

Consistency in Evaluation of Evidence, Verdicts and Sentences

Challenges to the Form of the Indictment

Timing of the Filing

Challenges to the Form of the Amended Indictment

New Charges

Curing Defective Indictment

Prejudicial Effect of a Defective Indictment

Remedies

Appeals Chamber's Role

Assessment of Whether the Indictment Has Been Cured

II. Accused Access to the Prosecution Material (Disclosure by the Prosecutor)

Disclosure of the Supporting Material and Statements of the Accused

Disclosure by the Prosecutor of the Material Supporting New Charges in the Amended Indictment

Prior Statements of the Accused

Disclosure Relating to Prosecution Witnesses

Disclosure of Witness Statements

Meaning and Forms of Witness Statements

Interview Notes, Will-Say Statements and Notes Taken During Proofing Sessions

Absence of a Written Witness's Statement

Disclosure of the Identity and Whereabouts of Witnesses

Disclosure Relating to Expert Witnesses

Disclosure of Exculpatory Material

Prosecution Obligation to Disclose Exculpatory Material

Essential Obligation.

Determination Whether Material Is Exculpatory

Disclosure

Positive and Continuing Obligation

Office of the Prosecutor and Prosecution Teams' Obligations

Types of Material Subject to Disclosure

Record of Payments

Favourable Arrangements and Assistance to Witness

Testimony in Other Cases

Late Disclosure

Sanctions and Remedies for Violation of Disclosure Obligation

Exculpatory Material

A Defence Request Based on Rule 68

Remedies and Sanctions

Inspection of Documents and Objects Material to the Preparation of the Defence

Material to the Defence

Documents and Information Related to the Defence Witnesses

Domestic Judicial Records of Prosecution Witnesses and Evidence of a Pattern of Conduct

Matters Not Subject to Disclosure

Information Provided on a Confidential Basis

Internal Documents

Notes Related to Witness Interview

Protection of Other Information

Further or Ongoing Investigations

Other Matters Related to Disclosure

Disclosure in Audio Format

Disclosure in Electronic Format

Other Relevant Matters

III. Defence Access to Protected Material in Another Case

IV. Prosecution Access to the Defence Material (Disclosure by the Defence)

Disclosure by the Defence

V. Disclosure of Other Material and Information

Pre-Trial Briefs

Prosecution Pre-Trial Brief

Defence Pre-Trial Brief

Lists of Witnesses and Summary of the Facts on Which Witnesses Will Testify

List of Witnesses

Summary of the Facts on Which Witnesses Will Testify

Prosecution Witness Summaries

Defence Witness Summaries

Lists of Exhibits

Variation of the Lists of Witnesses and Exhibits

Prosecution List

Defence List

List of Exhibits

Relevant Factors

The Consequences of Withdrawal of a Witness from the List

VI. Other Pre-Trial Matters

Pre-Trial Delivery of Witness Statements and Other Information to the Chamber

Pre-Trial Meetings

VII. Subpoenas and Binding Orders

Binding Orders to States and International Organisations

Binding Orders to States

States' Obligation to Cooperate

Binding Orders to States Generally

Protection of State Interests

Orders Under Rule 54 bis and Rule 54

Binding Orders to International Organisations

Binding Orders to State Officials

Request for an Order

Requirements to Requests

Subpoenas (Summons) to Individuals

Chamber's Discretion

Determining Whether to Issue a Subpoena

Request for a Subpoena

Role of National Authorities in Execution of Chamber's Order

Subpoenas to Opposing Party's Witnesses

Subpoenas to State Officials

Subpoenas to Other Individuals

War Correspondents

UN and Tribunal's Staff

VIII. Protection of Victims and Witnesses

Balance between Rights of the Accused and Protection of Witnesses

A "Genuine Fear

Protective Measures Based on Witnesses' Location

Witness Anonymity

Protection of Some Categories of Witnesses

Safe Conduct.

Delay of Transmission of the Proceedings and Redaction of Public Transcripts and Broadcasts

Variation of Protective Measures for the Subsequent and Other Cases

Variation of Protective Measures for National Jurisdictions

Protection of Persons Other Than Witnesses and Victims

IX. Plea Agreements

Accused Cooperation

Trial Chamber's Discretion

X. Legal Assistance of Counsel

CCPR Practice

Right To Choose a Counsel

Indigent Accused

Legal Aid

Assignment of Co-Counsel

Conflict of Interest

Former Staff Member of the Office of the Prosecutor as a Defence Counsel

Review of the Decisions Concerning Assignment of Counsel

Trial Chamber's Power to Review Registrar's Decisions

President's Power to Review Registrar's Decisions

Appeals Chamber's Power to Review President's Decisions

Defence ImmunitY

Right to Self-Representation

Legal Associates

Waiver of the Right to Counsel During a Custodial Questioning

Assignment of Counsel Against the Wishes of the Accused

Accused's Refusal to Cooperate with the Counsel and Withdrawal of Assigned Counsel

Potential Disruption of Trial

The Role of the Represented Accused in the Proceedings

Right to Communicate with Counsel

Communication of the Self-Represented Accused with Legal Associates

XI. Role of the Prosecutor

XII. Judicial Impartiality

XIII. Trial Proceedings

Reasons for Bringing Some Civil Law Elements into the ICTY Proceedings.

Judges' Control Over the Proceedings.

Notes:

Includes index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

90-5189-188-1

OCLC:

1373987246