Towards an International Criminal Procedure

Paperback | March 1, 2003

byChristoph SafferlingAs told byChristoph Safferling

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The aim of this book is to develop an international criminal procedural order. The Statute of the International Criminal Court (ICC) was agreed in 1998. This provides a rough outline of a procedure, but it still needs to be made workable for the prosecution of international criminals. Such aprocedural order would need to reconcile Continental and Anglo--American approaches. The book therefore contains a comparison between German (i.e. one of the main leading Continental legal systems) criminal procedure and English and US criminal procedure, how they developed historically andphilosophically, and where they stand today. It covers the criminal process from the first steps of the investigation up to the imprisonment of the convicted.In addition to this comparative perspective, this study also analyses international human rights law as the basis of an international procedural order. For this purpose the contents of the relevant human rights law is extracted from international agreements and international bodies such as the HumanRight Committee or the European Court of Human Rights and applied to the procedure of the existing International Tribunal for the Former Yugoslavia and that of the ICC Statute.As a contribution to the fast-growing field of international criminal law, this book will be of use to all academics, practitioners, and government officials involved with the new International Criminal Court.

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The aim of this book is to develop an international criminal procedural order. The Statute of the International Criminal Court (ICC) was agreed in 1998. This provides a rough outline of a procedure, but it still needs to be made workable for the prosecution of international criminals. Such aprocedural order would need to reconcile Cont...

Christoph Safferling, Dr. jur. (Munich), LL.M. (LSE), is Assistant Professor in the Law Faculty of the University of Erlangen.

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Format:PaperbackDimensions:420 pages, 9.21 × 6.14 × 0.87 inPublished:March 1, 2003Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199264503

ISBN - 13:9780199264506

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Table of Contents

Introduction1. About the Necessity of Respect for the Alleged Offender2. The Pre-Trial Inquiry3. Confirming the Indictment4. The Trial5. After the Conviction6. The Post-Trial Stage7. Summary: Towards an International Criminal ProcedureBibliography

Editorial Reviews

`Review from previous edition Safferling lays the groundwork for a detailed comparative analysis of the major issues of procedure raised by the Rome Statute. The treatment of trial procedures especially benefits from his comparative analysis... The author analyses the role of the prosecutorwith fascinating contrasts between the adversarial system and the inquisitorial approach of the Continent... With exhaustive research, the author... has made an important contribution through his analysis of the issues presented. Throughout the book, the reader can perceive his genuine commitment tointernational human rights law as well as to practical scholarship focused on problem-solving.'Columbia Journal of Transnational Law, Vol. 40, No. 2, 2002