Dedication
From: Treatise on International Criminal Law: Volume III: International Criminal Procedure
Kai Ambos
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Treatise on International Criminal Law - Volume III: International Criminal Procedure by Ambos, Kai (11th August 2016)
- Preliminary Material
- Dedication
- Preface
- Contents
- Table of Cases
- International Courts and Tribunals
- European Commission of Human Rights
- European Court of Human Rights
- European Court of Justice
- Extraordinary Chambers in the Courts of Cambodia
- Human Rights Committee
- Inter-American Court of Human Rights
- ILO Administrative Tribunal
- International Court of Justice
- International Criminal Court
- International Criminal Tribunal for Rwanda
- International Criminal Tribunal for the Former Yugoslavia
- International Military Tribunal for the Far East
- Mechanism for International Criminal Tribunals
- Permanent Court of International Justice
- Special Court for Sierra Leone
- Special Tribunal for Lebanon
- US Military Commission, Manila
- US Nuremberg Military Tribunals
- National Cases
- International Courts and Tribunals
- Table of Legislation
- List of Abbreviations
- List of Figures
- Main Text
- Ch.I The Framework of International Criminal Procedure: Conceptual Foundations, Origins, Goals, and Rights
- A Conceptual foundations
- B The history of international criminal procedure
- (1) The origins of international criminal procedure
- (2) The influence of Nuremberg and Tokyo on the procedure of international criminal tribunals
- (a) The development of procedural rules at the ad hoc tribunals
- (b) The development of procedural rules at the ICC
- (c) The development of procedural rules at the ‘mixed’ tribunals
- (d) Intermediate conclusion
- C Goals of international criminal justice
- D Rights of the Accused
- (1) Overview
- (2) Fair trial and equality of arms
- (3) Concrete rights
- (a) Preliminary remarks
- (b) Presumption of innocence
- (c) Prompt information about nature and cause of the charge
- (d) Adequate time and facilities for the preparation of defence
- (e) Full and effective defence
- (f) Right to witness confrontation
- (g) Free assistance of an interpreter
- (h) Trial without undue delay
- (i) Right to judicial review
- (j) Ne bis in idem (double jeopardy rule)
- (4) Overall assessment of fair trial
- Ch.II Role and Status of Legal Participants
- A Judges and Chambers
- B Prosecutor and Office of the Prosecution
- C Defence Counsel
- D Defendants
- E Victims
- F Amicus curiae
- Ch.III Jurisdiction and Admissibility (Complementarity)
- A Jurisdiction
- (1) Principles of national jurisdiction
- (2) The legitimate genuine links in detail
- (3) Conflicts of jurisdiction
- (4) Jurisdiction of the ICC vis-á-vis international criminal tribunals
- B Admissibility, in particular the complementarity test
- (1) Primacy vs. subsidiarity (complementarity)
- (2) Admissibility (Article 17 ICCS): Gravity and complementarity stricto sensu
- (3) Positive complementarity
- A Jurisdiction
- Ch.IV Proceedings before the ICC and the Ad Hoc Tribunals—Overview of and Special Issues
- A Overview
- B Special Issues
- (1) Selection and prioritization as key elements of a prosecutorial strategy
- (2) The fine distinction between Article 53 (1) and (2) ICC Statute
- (3) Prosecutorial discretion vs. judicial supervision during preliminary examination and investigation
- (4) The interests of justice clause
- (5) Investigatory powers of the Prosecutor (simple and qualified investigative measures)
- (6) Individualization: Arrest and pre-trial detention, summons to appear and release
- (7) Continuous investigation, amendment/withdrawal of charges, cumulative/alternative charging, and recharacterization of facts
- (8) Guilty plea versus ‘admission of guilt’
- Ch.V Evidence and Disclosure
- A Evidence
- (1) General remarks
- (2) Relevance, probative value (reliability), and fundamental procedural principles
- (3) Witness testimony, including expert witnesses
- (4) Documentary evidence
- (5) Special rules due to subject matter or other reasons
- (6) Direct versus indirect (circumstantial) evidence
- (7) Documentation (‘record of proceedings’)
- (8) Inadmissibility (exclusion) of evidence due to rights violations
- B Disclosure
- (1) Introduction
- (2) Prosecution disclosure
- (3) Defence disclosure
- (4) Disclosure restrictions
- (5) Consequences of non-disclosure
- (6) Conclusion
- A Evidence
- Ch.VI Appeal, Revision, and other Remedies
- Ch.VII The Cooperation Regime
- Ch.VIII Enforcement of Sentences and Other Penalties
- Ch.IX Concluding Remarks
- Ch.I The Framework of International Criminal Procedure: Conceptual Foundations, Origins, Goals, and Rights
- Further Material
