Zyberi / Rohan Defense Perspectives on International Criminal Justice

Erscheinungsjahr 2017
ISBN: 978-1-108-16228-9
Verlag: Cambridge University Press
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 0 Seiten

This examination of the role of the defence in international criminal proceedings highlights it's contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the challenges involved in the good administration of international criminal justice. The authors examine, among other issues, the role of the defence during the different stages of international criminal proceedings, the key aspects of defence work which ensure the right of the accused to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.

Autoren/Hrsg.

Zyberi, Gentian

Rohan, Colleen

Fachgebiete

• Rechtswissenschaften Strafrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Strafrecht, Internationales Verfahrensrecht

Inhaltsverzeichnis

On the administering of international criminal justice Judge Howard Morrison, QC; Part I. A General Perspective on the Role and Function of the Defence in International Criminal Proceedings: 1. The pioneering role of the defence counsel in international criminal trials: from Nuremberg to The Hague Geert-Jan Knoops; 2. Ethical standards in the practice of international criminal law Colleen M. 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. Defence organisations and offices at the international courts and tribunals Dominic Kennedy and Isabel Düsterhöft; 6. Functional immunity of the defence counsel and defence 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 Defence during the Criminal Process: 8. The role of the defence in the pre-trial stage Jens Dieckmann and Marie O'Leary; 9. The role of the defence in the trial stage Michael Karnavas; 10. The role of the defence in the appellate stage John Ackerman and Colleen M. Rohan; 11. Post-conviction remedies and the residual mechanism Martin Petrov and Dejana Radisavljevic; Part IV. Specific Aspects of the Work of the Defence: 12. Developing a case theory and a defence 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 defences in international criminal proceedings Annie O'Reilly; 16. Defence 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 defence before international criminal tribunals Dov Jacobs.

Über Autor(innen)

Zyberi, Gentian
Gentian Zyberi is an associate professor (reader) in international law at the Norwegian Centre for Human Rights, Universitetet i Oslo. He worked as legal assistant and interpreter for the Defence at the International Criminal Tribunal for the former Yugoslavia (ICTY) in Prosecutor v. Limaj et al. and Prosecutor v. Haradinaj et al.

Rohan, Colleen
Colleen M. Rohan has been a practising criminal defence attorney for over thirty years. She currently serves as legal consultant to the Standby Counsel team in Prosecutor v. Karadzic at the International Criminal Tribunal for the former Yugoslavia (ICTY), where she has previously served as counsel in the Haradinaj et al. and Popovic et al. cases.