Defense Perspectives on International Criminal Justice

ISBN-13: 9781107451605 / Angielski / Miękka / 2018 / 627 str.

Colleen Rohan; Gentian Zyberi

Opis

In this book, leading international practitioners and scholars offer a unique defense perspective on the proper administration of international criminal justice.

Spis treści

On the administering of international criminal justice Judge Howard Morrison, QC; Part I. A General Perspective on the Role and Function of the Defense in International Criminal Proceedings: 1. The pioneering role of the defense counsel in international criminal trials: from Nuremberg to The Hague Geert-Jan Knoops; 2. Ethical standards in the practice of international criminal law Colleen Rohan; 3. Who needs a lawyer anyway? Self-representation and standby counsel in international criminal trials Richard Harvey; 4. Navigating the tension between effective and efficient legal counselling and respecting the formal rules of the tribunals: what compass to use? Gentian Zyberi; Part II. Institutional Organization and Concerns: 5. Defense organizations and offices at the international courts and tribunals Dominic Kennedy and Isabel Düsterhöft; 6. Functional immunity of the defense counsel and defense staff from prosecution before domestic courts Semir Sali and Gentian Zyberi; 7. The principle of equality of arms in international criminal proceedings Masha Fedorova; Part III. The Role of the Defense during the Criminal Process: 8. The role of the defense in the pre-trial stage Jens Dieckmann and Marie O'Leary; 9. The role of the defense in the trial stage Michael Karnavas; 10. The role of the defense in the appellate stage John Ackerman and Colleen Rohan; 11. Post-conviction remedies and the residual mechanism Martin Petrov and Dejana Radisavljevic; Part IV. Specific Aspects of the Work of the Defense: 12. Developing a case theory and a defense strategy Gregor Guy-Smith; 13. Vaguely drawn maps and dimly lit paths: rules governing admissibility of evidence at the ad hoc tribunals (Part I) Wayne Jordash and Léa Kulinowski; 14. Vaguely drawn maps and dimly lit paths: rules governing admissibility of evidence at the ad hoc tribunals (Part II) Wayne Jordash and Léa Kulinowski; 15. Affirmative defenses in international criminal proceedings Annie O'Reilly; 16. Defense investigations and the collection of evidence Caroline Buisman and David Hooper; Part V. Concluding Observations: 17. A tale of four illusions: the rights of the defense before international criminal tribunals Dov Jacobs.