counsel misconduct before the international criminal court professional responsibility in international criminal defence

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Counsel Misconduct Before The International Criminal Court

Author : Till Gut
ISBN : 9781782250357
Genre : Law
File Size : 46. 89 MB
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This is the first comprehensive study of the law governing professional misconduct by defence lawyers before the International Criminal Court. The ICC's regulatory regime was introduced in response to instances of misconduct experienced by other international and domestic criminal courts. The book first turns to how the ICC's forerunners - the International Criminal Tribunals for the former Yugoslavia and Rwanda and the Special Court for Sierra Leone - coped with misconduct, often resulting in controversy. The book also looks at the approaches that have evolved in Germany and the United States, reflecting the different role of defence lawyers in the civil and common law criminal justice traditions. The book offers a unique insight into the professional responsibilities of defence lawyers within the various international and national regimes. Offering practical guidance on disciplinary systems and other sanctioning mechanisms, it also explores the inherent tension at the heart of the defence lawyer's role: to ensure the human right to a fair trial we want them to be zealous advocates for their clients; at the same time we ask them to commit themselves as officers of the court.

International Criminal Court Disciplinary Organs Handbook

Author : Ingo Klaus Wamser
ISBN : 9783656728689
Genre : Law
File Size : 86. 33 MB
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Document from the year 2014 in the subject Law - Comparative Legal Systems, Comparative Law, , language: English, abstract: The ICC disciplinary regime for counsel is a widely unknown but challenging field of work of high importance not only for counsel appearing before the Court at the Hague but also for national bar associations and authorities being forced to appoint ad-hoc members for proceedings against their members due to alleged misconduct. To provide these newcomers a first introduction in the ICC disciplinary regime together with the fundamental legal texts for their work this publications was written. Nevertheless it is hoped that it will prove useful to those who do not have access to online libraries during their work and also to those who do but would nonetheless value the convenience of a collection which may be kept readily to hand, too.

Defense Perspectives On International Criminal Justice

Author : Gentian Zyberi
ISBN : 9781108161640
Genre : Law
File Size : 62. 58 MB
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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.

International Criminal Practice

Author : John R. W. D. Jones
ISBN : STANFORD:36105063590652
Genre : Law
File Size : 57. 30 MB
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There are currently four international criminal courts: the International Criminal Tribunal for the former Yugoslavia (the "ICTY"), the International Criminal Tribunal for Rwanda (the "ICTR"), the International Criminal Court (the "ICC") and the Special Court for Sierra Leone (albeit one that is a mixed international-domestic court) (the "SCSL"). Their predecessors, the International Military Tribunals at Nuremberg and Tokyo, for all the criticism that they were "victors' tribunals", were nonetheless international) and are therefore included in this study of international criminal courts and tribunals. The ICTY and ICTR have both held extensive trials and appeals, while the ICC and SCSL are not in operation at the time of publication. Accordingly, the approach adopted here is to examine the law and practice of the ICTY and ICTR in parallel, with a comparison being made to the ICC and SCSL, where appropriate, at the end of each section. Unlike the first two editions of this work, this edition is presented thematically, rather than as an article-by-article, rule-by-rule commentary. Given the emerging corpus of international criminal law generated by the Statutes, Rules of Procedure and Evidence and jurisprudence of the ICTY, ICTR, ICC and the courts in East Timor, Sierra Leone and Kosovo, among others, a subject-matter approach appears more logical and, indeed, user-friendly. Where, however, readers seek exegesis of a specific article, they have only to make reference to the article-by-article, rule-by-rule index to find the appropriate page(s). This is in addition to the subject-matter index.

The Position Of The Defence At The International Criminal Court And The Role Of The Netherlands As The Host State

Author :
ISBN : STANFORD:36105063216373
Genre : Law
File Size : 36. 10 MB
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During the ninth session of the Preparatory Commission for the Establishment of the International Criminal Court (PrepCom), 10 states deposited their ratification documents with great decorum, therefore ensuring that the Rome Statute would enter into forc

Annotated Leading Cases Of International Criminal Tribunals Timor Leste The Special Panels For Serious Crimes 2001 2003

Author : André Klip
ISBN : STANFORD:36105064148526
Genre : Arbitration (International law)
File Size : 78. 95 MB
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This 13th volume of Annotated Leading Cases of International Criminal Tribunals contains the most important decisions of the Special Panels for Serious Crimes in Timor Leste in 2001-2003. It includes the most important decisions, identical to the original version, and includes concurring, separate, and dissenting opinions. In the book, distinguished experts in the field of international criminal law have commented on the decisions. (Series: Annotated Leading Cases of International Criminal Tribunals - Vol. 13)

Pluralism In International Criminal Law

Author : Elies van Sliedregt
ISBN : 9780191008290
Genre : Law
File Size : 46. 47 MB
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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

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