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What is included with this book?
Foreword | p. xii |
Preface | p. xvii |
Introduction | p. 1 |
The purpose and content of this book | p. 2 |
The structure of this book | p. 5 |
The context of this book | p. 9 |
Fair and Expeditious International Criminal Trials | p. 13 |
Introduction | p. 13 |
Fair-trial rights | p. 15 |
Requirement that the proceedings be public | p. 21 |
Adequate time and facilities to prepare a defence | p. 27 |
Trial without undue delay | p. 29 |
Equality of arms | p. 32 |
The right to confront witnesses | p. 43 |
Written evidence in lieu of oral testimony | p. 47 |
Admission of adjudicated facts | p. 50 |
The right to counsel and to self-representation | p. 53 |
Defence counsel representation in international criminal courts and tribunals | p. 55 |
Self-representation | p. 57 |
Standby counsel | p. 61 |
Imposition of counsel | p. 63 |
Expeditious trials | p. 63 |
Application and interpretation of human rights by the ICTY | p. 69 |
The Milosevic Prosecution Case - Getting Off on the Wrong Foot | p. 79 |
Content and scope of the Milosevic indictments | p. 80 |
The Kosovo indictment | p. 81 |
The prosecution case concerning Kosovo | p. 81 |
The Croatia and Bosnia indictments | p. 83 |
The prosecution case concerning Croatia and Bosnia | p. 84 |
The context in which the crimes were committed | p. 84 |
Executing the plan | p. 86 |
The scope of the charges | p. 88 |
Milosevic's role and responsibility | p. 88 |
The prosecution case on 'Greater Serbia' | p. 90 |
Pleading practice and problems with the Milosevic indictments | p. 92 |
The form of the indictment | p. 93 |
Review of indictments | p. 95 |
Analysis of the Milosevic indictments | p. 96 |
The Kosovo indictment | p. 96 |
The first Lazarevic Decision on the form of the indictment | p. 97 |
Defects in the form of the Milosevic Kosovo indictment | p. 104 |
Defects in the form of the Croatia and Bosnia indictments | p. 107 |
Conclusion on the defects in the three indictments | p. 108 |
Joinder of the Milosevic indictments | p. 115 |
Joinder application before the Trial Chamber | p. 115 |
Joinder application on Appeal | p. 118 |
Rule 98bis (judgement of acquittal) decision | p. 121 |
Did Milosevic intend to commit genocide? | p. 123 |
Dismissal of numerous allegations in Croatia and Bosnia indictments | p. 126 |
Conclusion | p. 127 |
Conclusion | p. 128 |
Case Management Challenges in the Milosevic Trial | p. 131 |
Managing the Milosevic case | p. 133 |
The prosecution case | p. 133 |
Scope of the prosecution case | p. 133 |
Trial Chamber's management of the prosecution case | p. 142 |
The defence case | p. 153 |
Conduct of the defence case | p. 153 |
Trial Chamber's management of the defence case | p. 155 |
Consideration by the Trial Chamber of more radical case management approaches | p. 163 |
Severance of one or more indictments | p. 163 |
Case management principles in national and international criminal law | p. 170 |
Case management in common law systems | p. 171 |
Caseflow management or differential case management | p. 172 |
Individual case management | p. 174 |
The willingness and capacity of judges to manage cases | p. 176 |
Case management in civil law systems | p. 178 |
Germany | p. 179 |
Belgium | p. 180 |
France | p. 181 |
Case management in international criminal law | p. 181 |
The framework for best case management practice in international criminal law | p. 182 |
Case management at the ICTY | p. 188 |
Case management regulations at the ICTY | p. 189 |
Learning from the Milosevic case | p. 193 |
The Oric case | p. 194 |
The Prlic case | p. 195 |
The Milutinovic et al. case | p. 197 |
Conclusion | p. 199 |
Representation and Resource Issues in International Criminal Law | p. 205 |
Self-representation in international criminal law - limitations and qualifications on that right | p. 206 |
The Milosevic Decisions - defining the limits of the right to self-representation | p. 208 |
Early history | p. 208 |
Milosevic - First Reasoned Decision of 4 April 2003 | p. 209 |
Removing the right to self-representation | p. 211 |
Health of the Accused | p. 211 |
Second Reasoned Decision of 22 September 2004 | p. 213 |
Appeals Chamber Decision of 1 November 2004 | p. 218 |
Self-representation issues arising in other international criminal courts and tribunals | p. 222 |
The Special Court for Sierra Leone | p. 222 |
The Norman Decision | p. 222 |
The Gbao Decision | p. 224 |
The ICTR | p. 226 |
The Barayagwiza Decision | p. 226 |
The Ntahobali Decision | p. 227 |
The ICTY | p. 228 |
The First Seselj Decision | p. 228 |
The Second Seselj Decision | p. 230 |
The First Appeals Chamber Seselj Decision | p. 232 |
The Second Appeals Chamber Seselj Decision | p. 233 |
Self-representation in the Krajisnik case | p. 236 |
The Supreme Iraqi Criminal Tribunal (SICT) | p. 238 |
Practical difficulties of imposing counsel on uncooperative accused | p. 239 |
Resources and facilities available to Milosevic | p. 245 |
The use of amid curiae in international criminal law | p. 246 |
The role of amicus curiae in international criminal law | p. 246 |
Definition | p. 246 |
Amicus curiae in the ICTY and ICTR | p. 246 |
Amicus curiae in the Special Court for Sierra Leone | p. 249 |
Amicus curiae in the International Criminal Court | p. 250 |
Conclusion | p. 251 |
Role of amici curiae in the Milosevic case | p. 251 |
Actual assistance provided to the accused by the amici curiae | p. 254 |
The future for the innovative use of amicus curiae in complex international criminal trials | p. 256 |
The provision of 'legal associates' in the Milosevic trial | p. 258 |
Resource issues in international criminal trials - Milosevic and other senior-level accused | p. 260 |
Concluding comments on resource issues and the equality of arms | p. 263 |
Conclusion | p. 265 |
Conclusions | p. 271 |
The prosecution case must be focused, comprehensible and manageable | p. 275 |
The future of case management in complex international criminal law cases | p. 279 |
Managing resource and representation issues in complex international criminal law cases | p. 284 |
The outdated common law/civil law divide: time for international criminal law to evolve | p. 286 |
The need to consider a new appellate jurisdiction for international criminal law | p. 288 |
After Milosevic: the future of complex international criminal trials | p. 291 |
Index | p. 294 |
Table of Contents provided by Ingram. All Rights Reserved. |
The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.
The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.