International Criminal Procedure

by Safferling, Christoph

• ISBN13: 9780199562886
• ISBN10: 0199562881
• Format: Hardcover
• Copyright: 2012-05-04
• Publisher: Oxford University Press

Summary

This book sets out and analyses the procedural law applied by international criminal tribunals and the International Criminal Court (ICC). It traces the development of international criminal procedure from its roots in the International Military Tribunal at Nuremberg to its current application by the Yugoslav and Rwanda Tribunals, the Special Court for Sierra Leone, the Extraordinary Chamber in the Courts of Cambodia, and the International Criminal Court. All of these tribunals apply a different set of rules. The focus of this book, however, lies on the ICC and its procedural regime as contained in the Rome Statute, the Rules of Procedure and Evidence, and the different Regulations of the Court and of the Prosecutor. The exceptional compromise between common and civil law which formed the basis of the ICC's Statute created a unique procedural order. This book systematically analyses the Court's organizational structure, overall procedural setting, and the individual procedural regulations, and compares and contrasts these to other international criminal tribunals. Amongst the many unresolved procedural issues are the rights of the accused before, during, and after the trial, the disclosure of evidence, the presentation of evidence, the participation of victims, the protection of witnesses, and the cooperation between the ICC and individual states. Through looking at these issues, the book develops a concise and fitting theoretical underpinning for the ICC's procedural order that is not founded on any specific legal culture.

Author Biography

Christoph Safferling, 1971, (Dr. iur., LL.M.) studied law in Munich and London. He received his doctoral degree at the University of Munich in 1999, and passed the bar exam in 2000. Afterwards he held the position of Assistant Professor of Law at the University of Erlangen-Nuremberg. Since 2006 he has been Professor of Criminal Law, Criminal Procedure, International Criminal Law and Public International Law at the Philipps-University of Marburg, Director of the International Research and Documentation Centre for War Crimes Trials, and the Whitney R. Harris International Law Fellow at the Jackson Center, Jamestown, N.Y. He is member of the advisory board to the city of Nuremberg in relation to the the "Memorial Nuremberg Trials".

Table of Contents

Tables of Cases	p. ix
List of Abbreviations	p. xxxi
Introduction	p. 1
The Development of International Criminal Procedure	p. 7
Forerunners	p. 8
The Different Systems and Traditions	p. 52
The Importance of Human Rights	p. 58
The Special Circumstances of International Criminal Procedure	p. 64
Purposes and Aims	p. 64
Questions of Competencies	p. 80
Complementarity (Hilde Farthofer)	p. 95
A Methodology for International Criminal Procedure	p. 109
The Necessity of a Procedural Theory	p. 109
The Legal Sources	p. 112
General Methodological Remarks	p. 116
Basic Parameters of a Procedural Methodology	p. 121
The Participants	p. 128
The Court (Hilde Farthofer)	p. 128
The Prosecutor (Hilde Farthofer)	p. 147
The Registry (Hilde Farthofer)	p. 157
Victims and Witnesses	p. 164
The Accused and the Defence Counsel (Alena Hartwig)	p. 179
The Procedural Structure and Preliminary Issues	p. 193
The Procedural Structure	p. 193
Preliminary Questions of Jurisdiction and Admissibility	p. 194
The Investigation Stage	p. 216
Two Normative Guidelines	p. 218
The Structure and Aim of the Investigation Stage	p. 229
Investigatory Powers of the Prosecutor	p. 251
The Rights of the Suspect (Alena Hartwig)	p. 286
Pre-Trial Detention of the Suspect (Alena Hartwig)	p. 291
Victims' Participation	p. 310
The Confirmation Proceedings	p. 316
Confirmation Proceedings	p. 316
Confirmation Hearings in Practice	p. 326
The Nature of Confirmation	p. 337
Disclosure of Evidence (Lars Büngener)	p. 344
VictimÆs Participation	p. 375
The Trial	p. 378
Principles of the Trial	p. 378
Preparing for Trial	p. 419
The Structure of the Trial	p. 436
Evidence (Hilde Farthofer)	p. 463
Witnesses and Victims Protection: A Summary (Hilde Farthofer)	p. 515
Judgment	p. 522
Victims Participation	p. 528
Appeal and Revision (Alena Hartwig)	p. 531
Appeal	p. 531
Revision	p. 558
Contempt of Court (Hilde Farthofer)	p. 560
Bibliography	p. 575
Index	p. 597
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