International Criminal Court Rules Of Procedure And Evidence Pdf
File Name: international criminal court rules of procedure and evidence .zip
- International law courts, cases & commentary: ICC
- The role of victims in international criminal court proceedings
- The International Criminal Court (2nd Edition): A Commentary on the Rome Statute
International law courts, cases & commentary: ICC
The aim of this article is to analyse some aspects of the law of evidence provided for by the rules applicable to proceedings before the International Criminal Court ICC. The article will specifically address the admission provisions to ascertain whether the merging of different legal traditions may be considered successful or subject to criticism. For this purpose, in the analysis of the first decisions adopted by the ICC concerning evidence, resort will be made to the widely known accusatorial versus inquisitorial partition. The conclusion reached is that some changes in the interpretation and application of the ICC sources concerning the law of evidence would be advisable, in order to rectify certain inconsistencies. Among them, the author suggests that greater space should be given to the orality principle. On the basis of the case law of the ad hoc tribunals, the author suggests the Court could consider distinguishing between acts and conduct of the defendant and other contextual aspects of the indictment, and more rigorously apply the orality principle to the former.
Help us continue to fight human rights abuses. Please give now to support our work. Kenya raised an issue relating to the trial of its deputy president, William Ruto, and a co-defendant, Joshua arap Sang, which is in progress before the court. Kenya contended that a change in rules that allowed the introduction of recorded testimony should not apply because the case began before the rules were changed. South Africa sought clarification of rules related to the visits of fugitives to member countries after President Omar al-Bashir of Sudan went to South Africa without arrest to attend an African Union summit. Bashir is wanted under ICC arrest warrants on charges of genocide, war crimes, and crimes against humanity committed in Darfur. The government asked for the clarification since prior recorded testimony had been accepted by the trial chamber in the Ruto and Sang case since the rule was changed.
The International Criminal Court ICC offers an innovative and complex system of justice that takes into account the rights of victims. Although these rights may not be absolute, since they are subject to the guarantees of a fair and impartial trial, the Court recognizes victims as legitimate parties in its proceedings. Nevertheless, this system represents a sizable challenge that the Court has already faced in its early investigations and at the outset of its first case. Furthermore, I shall clarify the framework established by the Court to fulfill this important mandate. Therefore, the chief objective of this paper is to give the reader a general overview of the role of victims and the interpretation of the Court in its first rulings.
The role of victims in international criminal court proceedings
How to publish with Brill. Fonts, Scripts and Unicode. Brill MyBook. Ordering from Brill. Author Newsletter. How to Manage your Online Holdings. Sales Managers and Sales Contacts.
Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides a detailed analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each chapter includes accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. The text aims to avoid duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute. The fully updated second edition of this book incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference. William A Schabas, author. Abstract Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides a detailed analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. The link was not copied.
The ICC is an independent international organization, with international legal personality, with its headquarters in The Hague, Netherlands. In addition the "International Law in Domestic Courts" section includes decisions from domestic courts relating to international law from 60 jurisdictions. Contact us Send us your feedback. Google Analytics anonymously tracks individual visitor behaviour on this web site so that we can see how LibGuides is being used. We only use this information for monitoring and improving our websites and content for the benefit of our users you. Licensed under a Creative Commons Attribution 4.
The International Criminal Court (2nd Edition): A Commentary on the Rome Statute
The ICC is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide , crimes against humanity , war crimes , and the crime of aggression. It is intended to complement existing national judicial systems and it may therefore exercise its jurisdiction only when national courts are unwilling or unable to prosecute criminals. The ICC lacks universal territorial jurisdiction, and may only investigate and prosecute crimes committed within member states, crimes committed by nationals of member states, or crimes in situations referred to the Court by the United Nations Security Council.
Articles amended since 1 July are marked in this volume with an asterisk and appear in their amended form, with an indication of the date when the amendment entered into force. Subsection 1.