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Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings


Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings


International Criminal Justice Series, Band 16

von: Kelly Pitcher

234,33 €

Verlag: T.M.C. Asser Press
Format: PDF
Veröffentl.: 14.12.2017
ISBN/EAN: 9789462652194
Sprache: englisch

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Beschreibungen

<div><div>This book provides an in-depth examination of the judicial response at the international</div><div>criminal tribunals (ICTs) to the violation of procedural standards in the</div><div>pre-trial phase of proceedings. It does so against the backdrop of the assumption that</div><div>certain particularities of international criminal proceedings may warrant a different</div><div>approach to the matter than at the national level.</div><div><br/></div><div>By reference to relevant human rights standards and to national criminal procedure,</div><div>as well as to theoretical accounts of the judicial response to pre-trial procedural violations,</div><div>this book assesses the ICTs’ law and practice in this regard, thereby identifying</div><div>points of concern and making suggestions for improvement. In doing so, it considers</div><div>the most suitable rationale for responding to procedural violations committed in the</div><div>pre-trial phase of international criminal proceedings and the merits of judicial discretion</div><div>in this context, as well as the impact of certain particularities of such proceedings</div><div>on the determination of how to address procedural violations.</div><div><br/></div><div>The book is intended for academics and practitioners in the field of (international)</div><div>criminal law who want to gain a deeper understanding of the possible impact of</div><div>pre- trial procedural violations on criminal proceedings.</div><div><br/></div><div><b>Kelly Pitcher</b> is Assistant Professor of Criminal Law and Criminal Procedure at Leiden</div><div>University in The Netherlands.</div></div>
<div>Chapter 1. Introduction.- Chapter 2. Human Rights Framework.- Chapter 3. Judicial Responses to Pre-Trial Procedural Violations in The Netherlands.- Chapter 4. Judicial Responses to Pre-Trial Procedural Violations in England and Wales.- Chapter 5. Law and Practice of the International Criminal Tribunals – General Overview.- Chapter 6. Law and Practice of the International Criminal Tribunals – Specific Contexts.- Chapter 7. Assessment of the International Criminal Tribunals’ Law and Practice.- Chapter 8. Conclusion.- Bibliography.- List of Cases.- List of Instruments.- Index. <br/></div>
<div><div>This book provides an in-depth examination of the judicial response at the international</div><div>criminal tribunals (ICTs) to the violation of procedural standards in the</div><div>pre-trial phase of proceedings. It does so against the backdrop of the assumption that</div><div>certain particularities of international criminal proceedings may warrant a different</div><div>approach to the matter than at the national level.</div><div><br/></div><div>By reference to relevant human rights standards and to national criminal procedure,</div><div>as well as to theoretical accounts of the judicial response to pre-trial procedural violations,</div><div>this book assesses the ICTs’ law and practice in this regard, thereby identifying</div><div>points of concern and making suggestions for improvement. In doing so, it considers</div><div>the most suitable rationale for responding to procedural violations committed in the</div><div>pre-trial phase of international criminal proceedings and the merits of judicial discretion</div><div>in this context, as well as the impact of certain particularities of such proceedings</div><div>on the determination of how to address procedural violations.</div><div><br/></div><div>The book is intended for academics and practitioners in the field of (international)</div><div>criminal law who want to gain a deeper understanding of the possible impact of</div><div>pre- trial procedural violations on criminal proceedings.</div><div><br/></div><div><b>Kelly Pitcher</b> is Assistant Professor of Criminal Law and Criminal Procedure at Leiden</div><div>University in The Netherlands.</div></div>
of judges to attach certain legal consequences to pre-trial impropriety Examines the law and practice of the international criminal tribunals from the perspective of the possible judicial responses to pre-trial impropriety as well as from the perspective of specific types of pre-trial impropriety, thereby providing a fuller picture of such law and practice Subjects the law and practice of the international criminal tribunals to rigorous analysis, by reference to relevant human rights standards as well as to national criminal procedure, with due regard for theoretical accounts of the judicial response to pre-trial procedural violations, i.e. the rationales for responding thereto, and for certain particularities of international criminal proceedings In considering the rationales for responding to pre-trial procedural violations and the factors to which the international criminal tribunals have attached significant importance, providing practical guidance on how to confine and structure the discretion Includes supplementary material: sn.pub/extras
<div>Examines the law and practice of the international criminal tribunals from the perspective of the possible judicial responses to pre-trial impropriety as well as from the perspective of specific types of pre-trial impropriety, thereby providing a fuller picture of such law and practice</div><div><br/></div><div>Subjects the law and practice of the international criminal tribunals to rigorous analysis, by reference to relevant human rights standards as well as to national criminal procedure, with due regard for theoretical accounts of the judicial response to pre-trial procedural violations, i.e. the rationales for responding thereto, and for certain particularities of international criminal proceedings</div><div><br/></div><div>In considering the rationales for responding to pre-trial procedural violations and the factors to which the international criminal tribunals have attached significant importance, providing practical guidance on how to confine and structure the discretionof judges to attach certain legal consequences to pre-trial impropriety</div>

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