Principles of Evidence in International Criminal Justice

Hardcover | November 21, 2010

EditorKarim A. A. Khan, Caroline Buisman, Chris Gosnell

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Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice,drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in theparticular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. Thebook examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practising international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the mannerin which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.

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Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice,drawing on the experience of the Yugoslavia, Rw...

Karim A. A. Khan is a barrister practising at 2 Hare Court, (Chambers of David Waters QC), Temple, London, a leading set specialising in national and international criminal law and human rights. He has previously worked as a Senior Crown Prosecutor and at the Law Commission of England and Wales. From 1997-2000 he worked in the Office ...

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Format:HardcoverDimensions:848 pages, 9.69 × 6.73 × 0.01 inPublished:November 21, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199588929

ISBN - 13:9780199588923

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Table of Contents

Karim A. A. Khan, Caroline Buisman, and Christopher Gosnell: PrefaceJudge Daniel David Ntanda Nsereko, President of the Appeals Division, International Criminal Court: ForewordCaroline Buisman, Chris Gosnell and Karim A. A. Khan: IntroductionPart I: Antecedents1. Caroline Buisman, Myriam Bouazdi and Matteo Costi: Civil law Rules of Evidence2. Peter Murphy and Lina Baddour: International Criminal Law and Common Law Rules of Evidence3. Vladimir Tochilovsky: The Nature and Evolution of the Rules of Procedure and Evidence4. Christopher Staker: Interpretive Methodologies and the Use of Precedent in Cases Before International Criminal Courts5. Christopher Gosnell: The Changing Context of Evidential RulesPart II: Before the Trial Begins6. Amal Alamuddin: Collection of Evidence7. Cainnech Lussiaa-Berdou and Kate Gibson: Disclosure of EvidencePart III: The Trial8. Christopher Gosnell: Admissibility of Evidence9. Wibke Timmermann and Marc Nerenberg: Documentary Evidence10. Colleen Rohan: Rules Governing the Presentation of Testimonial Evidence11. Karim A. A. Khan and Gissou Azarnia: Evidential Privileges12. Avi Singh: Expert Evidence13. Colleen Rohan: Reasonable Doubt Standard of Proof in International Criminal Trials14. Andrew J. Burrow: The Standard of Proof in Pre-Trial ProceedingsPart IV: Proof of Facts Other than Through Evidence at Trial15. Nina Jorgenson: Judicial Notice16. Inneke Onsea and Linda Bianchi: Additional Evidence on Appeal, Review Proceedings and the Remedy of Reconsideration