International Criminal Procedure

Hardcover | April 8, 2012

byChristoph Safferling

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This book sets out and analyses the procedural law applied by international criminal tribunals and the International Criminal Court (ICC). It traces the development of international criminal procedure from its roots in the International Military Tribunal at Nuremberg to its current applicationby the Yugoslav and Rwanda Tribunals, the Special Court for Sierra Leone, the Extraordinary Chamber in the Courts of Cambodia, and the International Criminal Court. All of these tribunals apply a different set of rules. The focus of this book, however, lies on the ICC and its procedural regime ascontained in the Rome Statute, the Rules of Procedure and Evidence, and the different Regulations of the Court and of the Prosecutor. The exceptional compromise between common and civil law which formed the basis of the ICC's Statute created a unique procedural order. This book systematically analyses the Court's organisational structure, overall procedural setting, and the individual procedural regulations, and compares andcontrasts these to other international criminal tribunals. Amongst the many unresolved procedural issues are the rights of the accused before, during, and after the trial, the disclosure of evidence, the presentation of evidence, the participation of victims, the protection of witnesses, and thecooperation between the ICC and individual states. Through looking at these issues, the book develops a concise and fitting theoretical underpinning for the ICC's procedural order that is not founded on any specific legal culture.

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This book sets out and analyses the procedural law applied by international criminal tribunals and the International Criminal Court (ICC). It traces the development of international criminal procedure from its roots in the International Military Tribunal at Nuremberg to its current applicationby the Yugoslav and Rwanda Tribunals, the S...

Christoph Safferling, 1971, (Dr. iur., LL.M.) studied law in Munich and London. He received his doctoral degree at the University of Munich in 1999, and passed the bar exam in 2000. Afterwards he held the position of Assistant Professor of Law at the University of Erlangen-Nuremberg. Since 2006 he has been Professor of Criminal Law, C...

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Format:HardcoverDimensions:632 pages, 9.69 × 6.73 × 0.98 inPublished:April 8, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199562881

ISBN - 13:9780199562886

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Table of Contents

1. IntroductionPart I - The Historic Development of International Criminal Procedure2. Forerunners3. The Different Systems and Traditions4. The Importance of Human RightsPart II - The Special Circumstances of International Criminal Procedure5. Purposes and Aims6. The Legal Sources7. Questions of Competence8. Complementarity9. CooperationPart III - The Participating Institutions10. The Court11. The Prosecutor12. The Accused and his Defence Counsel13. Victims and Witnesses14. The RegistryPart IV - The Procedural Structure15. The Investigation16. The Confirmation Stage17. The Trial18. The Appeals Procedure19. The Post-Trial PhasePart V - International Cooperation20. Investigation21. Execution of Sentence