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Tribunaux criminels internationaux. --- Droit international privé --- Preuve. --- Evidence, Criminal (International law) --- International criminal courts --- Criminal courts --- International courts --- Complementarity (International law) --- International criminal evidence --- Criminal procedure (International law)
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This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.
Law. --- International criminal law. --- International Criminal Law. --- Evidence, Criminal (International law) --- International criminal evidence --- Criminal procedure (International law) --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- International Criminal Law .
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Domestic lawyers are, above all, officers of the court. By contrast, the public international lawyer representing states before international tribunals is torn between loyalties to the state and loyalties to international law. As the stakes increase for the state concerned, the tension between these loyalties can become acute and lead to practices that would be condemned in developed national legal systems but have hitherto been ignored by international tribunals in international legal scholarship. They are the 'dirty stories' of international law. This detailed and contextually sensitive presentation of eight important cases before a variety of public international tribunals dissects some of the reasons for the resort to fraudulent evidence in international litigation and the profession's baffling reaction. Fraudulent evidence is resorted to out of greed, moral mediocrity or inherent dishonesty. In public international litigation, by contrast, the reasons are often more complex, with roots in the dynamics of international politics.
Evidence, Criminal (International law) --- Fraud. --- International courts. --- Arbitration (International law) --- Commercial fraud --- Deceit --- Misrepresentation (Crime) --- Commercial crimes --- Deception --- Torts --- Hoaxes --- Impostors and imposture --- International criminal evidence --- Criminal procedure (International law) --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Mediation, International
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In Evidence in International Criminal Trials Mark Klamberg compares procedural activities relevant for international criminal tribunals and the International Criminal Court, including evaluation, collection, disclosure, admissibility and presentation of evidence. The author analyses what objectives are recognized in relation to the aforementioned procedural activities and whether it is possible to establish a priority between them. The concept of “robustness” is introduced to discuss the quantity of evidence in addition to concepts that deal with quality. Finally, the exclusion of every reasonable hypothesis of innocence method is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence. The book seeks to provide guidance on how to confront legal as well as factual issues.
Evidence, Criminal (International law) --- LAW / Criminal Law / General --- International criminal evidence --- Criminal procedure (International law) --- International Criminal Court. --- U.N. International Criminal Court --- United Nations. --- ICC --- CPI --- Cour pénale internationale --- Corte Penal Internacional --- Internationella brottmålsdomstolen --- Pengadilan Pidana Internasional --- Kokusai Keiji Saibansho --- Mezhdunarodnyĭ ugolovnyĭ sud --- Međunarodni kazneni sud --- Międzynarodowy Trybunał Karny --- Maḥkamat al-Jināʼīyah al-Duwalīyah --- Guo ji xing shi fa yuan --- 国际刑事法院 --- Samnakngān ʻAyakān Sān ʻĀyā Rawāng Prathēt --- Tribunal Penal Internacional --- Uluslararası Ceza Mahkemesi --- UCM --- International criminal procedure --- International criminal law
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"This book explores international criminal fact-finding to reveal that criminal trials are beset by impediments that impair their ability to determine who did what to whom"--Provided by publisher. "Fact-finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess, and as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge. The book ends with an exploration of various normative questions, including the most foundational: whether the international tribunals' fact-finding impediments fatally undermine the international criminal justice project"--Provided by publisher.
Evidence, Criminal (International law) --- International criminal courts --- Preuve (Droit pénal international) --- Tribunaux criminels internationaux --- International Criminal Court --- Preuve (Droit pénal international) --- International Criminal Court. --- Law --- General and Others --- International criminal courts. --- International criminal evidence --- Criminal procedure (International law) --- Criminal courts --- International courts --- Complementarity (International law) --- U.N. International Criminal Court --- United Nations. --- ICC --- CPI --- Cour pénale internationale --- Corte Penal Internacional --- Internationella brottmålsdomstolen --- Pengadilan Pidana Internasional --- Kokusai Keiji Saibansho --- Mezhdunarodnyĭ ugolovnyĭ sud --- Međunarodni kazneni sud --- Międzynarodowy Trybunał Karny --- Maḥkamat al-Jināʼīyah al-Duwalīyah --- Guo ji xing shi fa yuan --- 国际刑事法院 --- Samnakngān ʻAyakān Sān ʻĀyā Rawāng Prathēt --- Tribunal Penal Internacional --- Uluslararası Ceza Mahkemesi --- UCM --- Evidence, Criminal.
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Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals includes, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.
Evidence, Criminal (International law) --- Criminal investigation (International law) --- International law and human rights --- International Court of Justice --- Rules and practice --- International law and human rights. --- Rules and practice. --- Evidence, Criminal (International law). --- Criminal investigation (International law). --- Human rights and international law --- Human rights --- International criminal investigation --- Criminal procedure (International law) --- International criminal evidence --- CIJ --- Cour internationale de justice --- M.T.S. --- MTS --- Mǐędzynarodowy Trybunał Sprawiedliwości --- Milletlerarası Adalet Divanı --- I.C.J. --- ICJ --- Hague. --- Corte Internacional de Justicia --- Internationaler Gerichtshof --- Dīvān-i Bayn al-Milalī-i Dādgustarī --- Dīvān-i Lāhah --- Corte internazionale di giustizia --- Kokusai Shihō Saibansho --- Sān Yuttitham rawāng Prathēt --- Maḥkamat al-ʻAdl al-Dawlīyah --- Diethnes Dikastērion --- United Nations. --- C.I.J. --- World Court --- Tribunal Internacional de Justicia --- Mezhdunarodnyĭ Sud OON --- Curtea Internațională de Justiție --- Gjykata Ndërkombëtare e Drejtësisë --- GJND --- Meǵunarodniot sud na pravdata --- Nemzetközi Bíróság --- Olon Ulsyn Shu̇u̇kh --- Nėgdsėn U̇ndėstniĭ Shu̇u̇kh --- Permanent Court of International Justice --- Permanent Court of Arbitration
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