This book provides a comprehensive guide to the jurisprudence of the criminal tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR), Special Court for Sierra Leone (SCSL), the International Criminal Court (ICC), the European Court of Human Rights (ECHR) on procedural and evidential matters.
The book contains a digest of relevant decisions, orders and judgments (which are collectively referred to as “decisions”) of the ICTY, ICTR, the Special Court (hereinafter “
ad hoc Tribunals”), the ICC, and the ECHR. The CD-ROM which accompanies this book includes the decisions themselves, which are organised topically on it. Most of the decisions on the CD-ROM are in electronically searchable format. The book also includes relevant provisions from the Statutes and Rules of Procedure and Evidence of the
ad hoc Tribunals and the ICC, as well as the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).
The book, together with the collections of decisions, will assist practitioners and researchers in studying the jurisprudence of the Tribunals. This jurisprudence reflects the current state of international criminal law. It will inevitably influence approaches of international courts, including the ICC and "hybrid" tribunals, as well as national courts.
Vladimir Tochilovsky, Ph.D. (1985) in criminal procedure and prosecution, Kiev National University, is a Trial Attorney in the International Criminal Tribunal for the Former Yugoslavia. He published extensively on international criminal justice and criminal procedure.
Table of contents
Foreword; Abbreviations; I. Indictment: Introduction; II. Disclosure by the Prosecutor; III. Defence Access to Protected Material; IV. Disclosure by the Defence; V. Disclosure in the ICC Proceedings; VI. Variation of the Lists of Witnesses and Exhibits; VII. Binding Orders and Subpoenas; VIII. Protection of Victims and Witnesses; IX. Legal Assistance of Counsel; X. Plea Agreements; XI. Trial Proceedings; XII. Admissibility of Evidence; XIII. Victims’ Participation in the Proceedings (ICC); XIV. Judgments and Decisions; XV. Motions for Judgment of Acquittal; XVI. Appellate and Review Proceedings; XVII. Arrest, Detention, and Provisional Release; XVIII. Referral of the Indictment to Another Court; XIX. Other Procedural Matters; Statutory Provisions;
Table of Cases of the International Courts;
Table of Cases of the European Court of Human Rights; Index.
All those who practice before international and national criminal courts as well as those who study international criminal justice.