Narrow your search

Library

KU Leuven (6)

Odisee (5)

Thomas More Kempen (5)

Thomas More Mechelen (5)

UCLL (5)

VIVES (5)

LUCA School of Arts (4)

UGent (4)

ULiège (4)

VUB (4)

More...

Resource type

book (6)


Language

English (6)


Year
From To Submit

2016 (2)

2014 (1)

2013 (1)

2010 (2)

Listing 1 - 6 of 6
Sort by

Book
Principles of evidence in international criminal justice
Authors: --- ---
ISBN: 9780199588923 Year: 2010 Publisher: Oxford : Oxford University Press,


Book
Illicitly Obtained Evidence at the International Criminal Court
Author:
ISBN: 9462650926 9462650934 Year: 2016 Publisher: The Hague : T.M.C. Asser Press : Imprint: T.M.C. Asser Press,

Loading...
Export citation

Choose an application

Bookmark

Abstract

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.


Book
Fraudulent evidence before public international tribunals
Authors: ---
ISBN: 1139950738 1139962426 1139949683 1139961365 1107478057 1139957120 1139959247 113996030X 1139958194 9781139958196 9781107478053 9781107063396 1107063396 9781107636521 1107636523 Year: 2014 Publisher: New York

Loading...
Export citation

Choose an application

Bookmark

Abstract

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.


Book
Evidence in international criminal trials
Author:
ISBN: 900423652X 9789004236523 9789004236516 9004236511 Year: 2013 Publisher: Leiden Martinus Nijhoff Publishers

Loading...
Export citation

Choose an application

Bookmark

Abstract

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.


Book
Fact-finding without facts
Author:
ISBN: 9780521111157 0521111153 9780511760259 9781107699717 1107699711 1107202671 0511848943 9786612770791 051190861X 0511907869 0511909373 0511905300 0511760256 1282770799 0511906587 9780511909375 9780511906589 Year: 2010 Publisher: Cambridge [U.K.] New York Cambridge University Press

Loading...
Export citation

Choose an application

Bookmark

Abstract

"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.


Book
Fact-finding before the International Court of Justice
Author:
ISBN: 9781107142213 9781316498972 9781316507025 1107142210 1316507025 1316723291 1316722694 1316498972 1316723895 1316724492 1316726290 131671909X 9781316726297 9781316725696 Year: 2016 Publisher: Cambridge Cambridge University Press

Loading...
Export citation

Choose an application

Bookmark

Abstract

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.

Listing 1 - 6 of 6
Sort by