Archbold: International Criminal Courts 4th edition

Archbold: International Criminal Courts 4th edition

By Karim Khan, Rodney Dixon, Sir Adrian Fulford

Book

$617.00 RRP

Date: 07/02/2014

Code: 9780414028579

Sweet & Maxwell, UNITED KINGDOM

Available Formats

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Book Archbold: International Criminal Courts 4th edition 07/02/2014 9780414028579 $617.00 Add to cart

Description

Archbold International Criminal Courts provides a comprehensive guide to the practice, procedure and rules of evidence applicable to all international criminal courts. Covering the rules, processes and decisions of trial and appellate chambers of the ICC, the work ensures you are following the correct procedures at all times.

  • Provides a comprehensive guide to the practice, procedure, and rules of evidence applicable to all international criminal courts
  • Covers the rules, processes and decisions of trial and appellate chambers of the International Criminal Tribunals
  • Advises on how to prepare for cases and directly participate in trial proceedings
  • Details how to manage specific offences such as crimes against humanity, crimes of aggression, genocide etc
  • Incorporates Sentencing, Appeals and Legal aid
  • Covers the emerging field of victim participation and reparation
  • Explains the structure of the courts and the powers they have
  • Covers the ICTY/ICTR/ICC/ECCC, UN Special Courts for the prosecution of serious international crimes in Sierra Leone, Cambodia and Lebanon
  • Presents the material in a comprehensive manner with detailed annotation
  • Disperses commentary between the carefully selected sections, parts of statutes, draft, treaties etc.

Table of Contents

Foreword
Preface
Introduction

Establishment and Jurisdiction of the courts and sources of law


  • Historical Background
  • Applicable Law
  • AD Hoc International Criminal Tribunals
  • ICC
  • UN Special Courts
  • Lockerbie Precedent

Structure of the courts


  • ICC
  • ICTY and ICTR
  • UN Special Courts

Powers of the Courts


  • Powers of coercion
  • Powers of Co-operation under the ICC statute
  • UN Special Courts

Principles of Interpretation


  • Statutory Provisions
  • Principles if Interpretation

Indictments


  • Statutory Provisions
  • Confirmation of Indictments
  • Form of Indictments
  • Amendments of Indictments
  • Withdrawal of Indictments

Pre-trial Procedure


  • Investigations
  • Orders and warrants
  • Preliminary proceedings
  • Disclosure

Trial Procedure


  • Case presentation
  • Rights of the accused
  • Protection of witnesses and victims
  • Judgement

Rules of Evidence


  • General rules
  • Rules of admissibility
  • Exclusion of evidence
  • Powers of trial chambers
  • Expert testimony

Forms of Participation in Offences


  • Statutory provisions
  • Direct forms of participation
  • Superior responsibility
  • Charging different forms of participation

War crimes
Statutory provisions
Definition of war crimes


  • ICC elements
  • Jurisdictional prerequisites
  • Grave breaches of the Geneva Conventions
  • Violations of the laws and customs of war

Crimes against humanity
 

  • Statutory provisions
  • Definition
  • Elements of the office
  • Enumerated Offences
  • Sentence
  • Charging crimes against humanity
  • Considerations of proof

Genocide


  • Statutory Provisions
  • Background
  • Elements of the Offence
  • Acts of genocide
  • Punishable forms of participation
  • Charging genocide

Crimes of Aggression


  • Statutory Provisions
  • UN Definition
  • Nuremburg Definition
  • Elements of the Offence

Contempt, Offences against the Administration of Justice and Removal from office


  • Statutory Provisions
  • Definition
  • Jurisdiction
  • Proceedings
  • Penalties
  • Appeal
  • Misconduct by high officials of the court

Defences and procedural bars of jurisdiction


  • Statutory Provisions
  • Procedural bars of jurisdiction
  • Specific Defences
  • Rejected Defences

Sentencing, Compensation, restitution & imprisonment


  • Sentencing, Statutory Provisions
  • Available penalties
  • The aims of sentencing
  • Factors in determining sentence
  • Plea agreements
  • Compensation to an arrested or convicted person: Statutory provision
  • Summary: Compensation to an arrested or convicted person
  • Imprisonments, review and commutation of sentence
  • Summary: imprisonment, review and commutation of sentence

Appeals and Reviews


  • Statutory Provisions
  • Interlocutory Appeals

Appeals post Judgement

  • Reviews

Legal Aid and Defence Counsel Matter
Introduction
Basic Information

  • Qualification required for counsel
  • Assignment of counsel
  • Payment systems for assigned Counsel and Defence Teams
  • Presenting the case in the courtroom
  • The client in detention
  • Deontology
  • Professional bodies
  • The ICC
  • Referrals to the Region under Rule 11bis

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