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International Criminal Procedure: Principles and Rulesis 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 Procedurewill 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.
Prof. Hakan 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).
Goran 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. Andre 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 Zappala 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. Zappala has published extensively in the field of international criminal law. He is the author of HumanRights in International Criminal Proceedings (Oxford University Press, 2003). Prof. Zappala 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) of International Criminal Procedure: Towards a Coherent Body of Law (2009) and the author of several publications in international law and international and comparative criminal procedure.
Table of Contents
Preface 1, Judge Erik Mose Preface 2, Claus Kress Preface 3, Kai Ambos Summary table of contents Expanded table of contents Table of Cases Table of Instruments Editors' Introduction, H. Friman, S. Linton, G. Sluiter, S. Vasiliev, S. Zappala 1. General Framework, S. Zappala, J.D. Ohlin, L. Gradoni, F. Megret, S. Nouwen, D. Lewis, A. Reisinger-Coracini 2. Initiation of Investigation and Selection of Cases, M.M. deGuzman and W.A. Schabas 3. Investigation, Coercive Measures, Arrest and Surrender, K. de Meester, R. Rastan, G. Sluiter, K. Pitcher 4. Charges, Confirmation, Res judicata, Lis pendens, Iura novit curia, H. Brady, M. Costi, H. Friman, F. Guariglia, C.-F. Stuckenberg 5. Trial Process, G. Acquaviva, N. Combs, M. Heikkila, S. Linton, Y. McDermott, S. Vasiliev 6. Appeals, Reviews, and Reconsideration, G. Boas, B. Don Taylor III, J. Jackson, B. Roche 7. The Law of Evidence, F. Gaynor, D. Jacobs, M. Klamberg and V. Tochilovsky 8. Deliberation, Dissent, Judgment, N. Jorgensen and A. Zahar 9. Defence Issues, T. Gut. M. Taylor, D. Mundis, S. Kirsch 10. The Victims' Role: Participation, Protection, Reparation and Assistance, A.-M. de Brouwer and M. Heikkila 11. Negotiated Justice, J. Iontcheva-Turner and T. Weigend) Principles and Rules Bibliography