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Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings: International Criminal Justice Series, cartea 16

Autor Kelly Pitcher
en Limba Engleză Hardback – 28 dec 2017
This book provides an in-depth examination of the judicial response at the international
criminal tribunals (ICTs) to the violation of procedural standards in the
pre-trial phase of proceedings. It does so against the backdrop of the assumption that
certain particularities of international criminal proceedings may warrant a different
approach to the matter than at the national level.

By reference to relevant human rights standards and to national criminal procedure,
as well as to theoretical accounts of the judicial response to pre-trial procedural violations,
this book assesses the ICTs’ law and practice in this regard, thereby identifying
points of concern and making suggestions for improvement. In doing so, it considers
the most suitable rationale for responding to procedural violations committed in the
pre-trial phase of international criminal proceedings and the merits of judicial discretion
in this context, as well as the impact of certain particularities of such proceedings
on the determination of how to address procedural violations.

The book is intended for academics and practitioners in the field of (international)
criminal law who want to gain a deeper understanding of the possible impact of
pre- trial procedural violations on criminal proceedings.

Kelly Pitcher is Assistant Professor of Criminal Law and Criminal Procedure at Leiden
University in The Netherlands.
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Specificații

ISBN-13: 9789462652187
ISBN-10: 946265218X
Pagini: 567
Ilustrații: XII, 567 p.
Dimensiuni: 155 x 235 mm
Greutate: 1.08 kg
Ediția:1st ed. 2018
Editura: T.M.C. Asser Press
Colecția T.M.C. Asser Press
Seria International Criminal Justice Series

Locul publicării:The Hague, Germany

Cuprins

Chapter 1. Introduction.- Chapter 2. Human Rights Framework.- Chapter 3. Judicial Responses to Pre-Trial Procedural Violations in The Netherlands.- Chapter 4. Judicial Responses to Pre-Trial Procedural Violations in England and Wales.- Chapter 5. Law and Practice of the International Criminal Tribunals – General Overview.- Chapter 6. Law and Practice of the International Criminal Tribunals – Specific Contexts.- Chapter 7. Assessment of the International Criminal Tribunals’ Law and Practice.- Chapter 8. Conclusion.- Bibliography.- List of Cases.- List of Instruments.- Index. 

Textul de pe ultima copertă

This book provides an in-depth examination of the judicial response at the international
criminal tribunals (ICTs) to the violation of procedural standards in the
pre-trial phase of proceedings. It does so against the backdrop of the assumption that
certain particularities of international criminal proceedings may warrant a different
approach to the matter than at the national level.

By reference to relevant human rights standards and to national criminal procedure,
as well as to theoretical accounts of the judicial response to pre-trial procedural violations,
this book assesses the ICTs’ law and practice in this regard, thereby identifying
points of concern and making suggestions for improvement. In doing so, it considers
the most suitable rationale for responding to procedural violations committed in the
pre-trial phase of international criminal proceedings and the merits of judicial discretion
in this context, as well as the impact of certain particularities of such proceedings
on the determination of how to address procedural violations.

The book is intended for academics and practitioners in the field of (international)
criminal law who want to gain a deeper understanding of the possible impact of
pre- trial procedural violations on criminal proceedings.

Kelly Pitcher is Assistant Professor of Criminal Law and Criminal Procedure at Leiden
University in The Netherlands.

Caracteristici

of judges to attach certain legal consequences to pre-trial impropriety Examines the law and practice of the international criminal tribunals from the perspective of the possible judicial responses to pre-trial impropriety as well as from the perspective of specific types of pre-trial impropriety, thereby providing a fuller picture of such law and practice Subjects the law and practice of the international criminal tribunals to rigorous analysis, by reference to relevant human rights standards as well as to national criminal procedure, with due regard for theoretical accounts of the judicial response to pre-trial procedural violations, i.e. the rationales for responding thereto, and for certain particularities of international criminal proceedings In considering the rationales for responding to pre-trial procedural violations and the factors to which the international criminal tribunals have attached significant importance, providing practical guidance on how to confine and structure the discretion Includes supplementary material: sn.pub/extras