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Ch.VI Appeal, Revision, and other Remedies »

From: Treatise on International Criminal Law: Volume III: International Criminal Procedure
Kai Ambos
This chapter outlines the various legal remedies available in modern international criminal proceedings. The appeal is the ordinary remedy against a first instance judgment of acquittal or conviction with a view to correcting possible errors of fact and law (‘final appeal’); it can also be lodged against other decisions at the pre-trial or trial stage (‘interlocutory appeal’). In contrast to the appeal, the revision is an extraordinary remedy against a final judgment of conviction or sentence. In addition, there are other remedies with regard to prosecutorial investigation or prosecution decisions, procedural rights’ violations, and administrative decisions.

Ch.VI Attempt as a Special Form of Individual Criminal Responsibility »

From: Treatise on International Criminal Law: Volume 1: Foundations and General Part
Kai Ambos
Ambos, K. , ‘Article 25’ in Triffterer, Commentary (2008), 743–70c; id, ed., Desaparición forzada de personas—Análisis comparado e internacional (Bogotá: Temis, 2009), accessible at < www.profis.com.co/modulos/contenido/default.asp?idmodulo=162 >; id, ‘The Crime of Aggression after Kampala’, GYbIL , 53 (2010), 463–509; id, ‘§ 22’ in Dölling, Duttge, and Rössner, Gesamtes Strafrecht (2011), 266–98; Ashworth, A. , ‘Criminal Attempts and the Role of Resulting Harm under the Code, and in the Common Law’, RutLJ , 19 (1988), 725–72; id, ‘Attempts’ in Deigh and Dolinko,...

Ch.II Concept, Function, and Sources of International Criminal Law »

From: Treatise on International Criminal Law: Volume 1: Foundations and General Part
Kai Ambos
Akhavan, P. , ‘The International Criminal Tribunal for Rwanda—The Politics and Pragmatics of Punishment’, AJIL , 90 (1996), 501–10; id, ‘Can International Criminal Justice Prevent Future Atrocities?’, AJIL , 95 (2001), 7–31; Alarefi, A. , ‘Overview of Islamic Law’, ICLR , 9 (2009), 707–31; Al-Quaradawi, Y. , Erlaubtes und Verbotenes im Islam (Munich: SKD-Bavaria-Verlag, 4th edn, 2003); Altman, A. and Wellman C. H. , ‘A Defense of International Criminal Law’, Ethics , 115 (2004), 35–67; Alexy, R. , Begriff und Geltung des Rechts (Freiburg/München: Karl Alber,...

Ch.IX Concluding Remarks »

From: Treatise on International Criminal Law: Volume III: International Criminal Procedure
Kai Ambos
Fragmentation of models and systems is a feature in international criminal procedure. This concluding chapter proposes a procedural model as a broad general framework in international criminal procedure. It argues that such would leave enough room for its operators, especially the judges, to adjust the procedural rules to their daily procedural realities. The solutions for the relevant issues or the paths to come to these solutions are to be found independently of their inquisitorial or adversarial origin. Of course, a procedural ‘framework model’ needs some guiding principles and there are essentially two—fairness and efficiency/expediency. Understood correctly, these principles do not contradict but complement each other, for it is also in the interest of the suspect/accused that their legal situation is clarified as expedient as possible as long as this does not entail an unacceptable curtailment of their fair trial rights.

Ch.VI Concursus Delictorum and Sentencing »

From: Treatise on International Criminal Law: Volume II: The Crimes and Sentencing
Kai Ambos
Agbor Agbor, A. , ‘The Problematic Jurisprudence on Instigation under the Statute of the ICTR—The Consistencies, Inconsistencies and Misgivings of the Trial and Appeals Chambers of the ICTR’, ICLR, 13 (2013), 429–72; Akhavan, P. , Reducing Genocide to Law—Definition, Meaning, and the Ultimate Crime (New York: Cambridge University Press, 2012); Ambos, K. , ‘Nulla Poena Sine Lege in International Criminal Law’, in Haveman, R. and Olusanya, O. , eds., Sentencing and Sanctioning in Supranational Criminal Law (Antwerpen, Oxford: Intersentia, 2006), 17–35; id, ‘Critical...

Contents »

From: Treatise on International Criminal Law: Volume 1: Foundations and General Part
Kai Ambos

Contents »

From: Treatise on International Criminal Law: Volume III: International Criminal Procedure
Kai Ambos

Contents »

From: Treatise on International Criminal Law: Volume II: The Crimes and Sentencing
Kai Ambos

Ch.VII The Cooperation Regime »

From: Treatise on International Criminal Law: Volume III: International Criminal Procedure
Kai Ambos
This chapter examines the cooperation rules between international criminal tribunals and the national jurisdictions. As with the inter-State regime of horizontal cooperation (mutual assistance), the cooperation with international criminal tribunals encompasses three areas: arrest and surrender of persons, other legal assistance, and execution of sentences and other decisions. There is a factual connection insofar as both arrest/surrender/other legal assistance and execution of sentences/other decisions concern the cooperation between States and the tribunals. The tribunals require the cooperation of States both in the investigation and adjudication phase as well as in the enforcement phase. As to the structure of cooperation, however, the cooperation in the area of enforcement seems less ‘vertical’ than the surrender of persons and the other legal assistance.

Ch.IV The Crime of Aggression »

From: Treatise on International Criminal Law: Volume II: The Crimes and Sentencing
Kai Ambos
Alexander, L. , and Kessler Ferzan, K. , Crime and Culpability—A Theory of Criminal Law (New York: Cambridge University Press, 2009); Ambos, K. , ‘Some Preliminary Reflections on the Mens Rea Requirements of the Crimes of the ICC Statute and of the Elements of Crimes’, in Vohrah, L. C. et al., eds., Man’s Inhumanity to Man—Essays on Ι nternational Law in Honour of Antonio Cassese (The Hague: Kluwer Law International, 2003), 11–40; id, ‘Strafrecht und Krieg—Strafbare Beteiligung der Bundesregierung am Irak-Krieg?’, in Arnold, J. et al., eds., Menschengerechtes...