The Principle Of Equality Of Arms In International Criminal Justice
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Author | : Özge Bengüsu |
Publisher | : |
Total Pages | : 265 |
Release | : 2019-03-19 |
Genre | : |
ISBN | : 9781090962195 |
Download The Principle of Equality of Arms in International Criminal Justice Book in PDF, Epub and Kindle
Where the State as prosecutor has an enormous power advantage, the principle of equality of arms is fundamental to achieving a fair trial guarantee, to enable the accused a full opportunity to defend him/herself under conditions that do not place him at a substantial disadvantage.The principle, which is evolving to become a right of the accused in international criminal law, provides not only procedural but also substantial and material equality, and should be given more importance in the international criminal field. Dr. Bengüsu offers a detailed analysis of the principle of equality of arms and interprets the principle through extensive examination of proceedings before international criminal courts, before proposing a detailed Article to be adopted by the ICC. This is essential reading for anyone directly interested in the human rights of the accused, and provides important insight for legal students, practicing lawyers, and interested laypersons
Author | : Mascha Fedorova |
Publisher | : Intersentia Uitgevers N V |
Total Pages | : 529 |
Release | : 2012 |
Genre | : Political Science |
ISBN | : 9781780681115 |
Download The Principle of Equality of Arms in International Criminal Proceedings Book in PDF, Epub and Kindle
This book examines the interpretation and application of the principle of equality of arms in proceedings before several international criminal courts. The coming of age of these institutions merits an evaluation of the application of one of the fundamental principles underlying a criminal procedure. The practice of these courts presents some substantial challenges to achieving a meaningful equality of arms in the context in which these courts operate. Before studying the law and jurisprudence of the International Criminal Tribunals - for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the International Criminal Court, and the Extraordinary Chambers in the Courts of Cambodia - the historical roots and the meaning of the principle of equality of arms are examined from two perspectives: the human rights perspective and the criminal process perspective. Subsequently, four themes that are central to understanding the principle of equality of arms in the international criminal context are discussed. First, the focus is on the investigation stage of the criminal process and the ability of the parties to prepare for trial. Next, the study takes a closer look at the system of disclosure of materials that were collected during investigations. Third, attention is paid to the issue of the perceived inequality in resources and facilities between the parties and the institutionally unequal positioning of the defense. Last, issues concerning the presentation of the case at the trial stage - such as the time and the number of witnesses the parties are allowed to present and the issues relating to the examination of witnesses and the admissibility of evidence - are examined. The book concludes with general observations on the scope and proper understanding of the principle of fairness, the right to a fair trial, and the principle of equality of arms. (Series: School of Human Rights Research - Vol. 55)
Author | : Malgorzata Wasek-Wiaderek (Auteur) |
Publisher | : Leuven University Press |
Total Pages | : 68 |
Release | : 2000 |
Genre | : Law |
ISBN | : 9789058670908 |
Download The Principle of "equality of Arms" in Criminal Procedure Under Article 6 of the European Convention on Human Rights and Its Functions in Criminal Justice of Selected European Countries Book in PDF, Epub and Kindle
The paper deals with one of the significant aspect of fairness in criminal cases, the concept of "equality of arms". The considerations focus initially on the analysis of the scope and meaning of the notion of "equality of arms" in the case-law of the European Commission and the European Court of Human Rights under Article 6 of the European Convention on Human Rights. The author reviewed the Strasbourg case-law on the concept of "equality of arms" in the context of three different but connected procedural topics: equality between the parties in the institutional framework of criminal proceedings, "equality of arms" principle in the evidentiary proceedings in general and "equality of arms" under Article 6 of the Convention in the jurisprudence concerning criminal trials involving anonymous witnesses. Subsequent chapters of the paper survey the application of this notion to different models of criminal procedure, namely to the common law system (of which England is a good example) and to the model of procedure adopted in the countries of Continental Europe (e.g. Germany and Poland). The analysis does not provide for a comprehensive treatment of all national regulations concerning the issue of equality between the parties in a criminal process. Its objective is rather to emphasise the general approach to the principle of "equality of arms" in different models of criminal justice. The final chapter of the paper focuses on the issue of the possible convergence of different models of criminal procedure adopted in Europe with the one model based on the standards and principles emerged form the jurisprudence of the organs of the Convention.
Author | : Michael Bohlander |
Publisher | : Cameron May |
Total Pages | : 506 |
Release | : 2007 |
Genre | : Law |
ISBN | : 1905017448 |
Download International Criminal Justice Book in PDF, Epub and Kindle
Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.
Author | : Charles C. Jalloh |
Publisher | : |
Total Pages | : 40 |
Release | : 2017 |
Genre | : |
ISBN | : |
Download Equality of Arms in International Criminal Law Book in PDF, Epub and Kindle
This chapter considers the meaning of “equality of arms” between the prosecution and defense in modern international criminal law. The analysis reveals the disparity between the theory and practice, and shows how this oft mentioned principle in the jurisprudence and the literature is a lofty goal that seems to be applied feebly. The paper starts out by examining how international criminal courts define and apply the phrase in concrete cases, and offers multiple examples of courts shying away from ensuring the substantive equality of the parties in favor of reading the right as a mere procedural guarantee. Following a brief discussion of the link between equality of arms and the right to a fair and public trial, the authors argue that equality of arms is more than a simple fair trial right; it is an expansive institutional entitlement which is impacted by the lack of structural independence of defense offices in all but one international criminal court. The chapter uses the glaring inequality in investigative resources between the prosecution and the defense as a case study to advocate for special attention to the substantive enjoyment of equality of arms during the important investigative stages of such trials. In addition, the authors assess the out-of-court structural and resource inequalities that further stack the deck against defendants. They show how greater prosecution compliance with the statutory duty to collect and disclose both incriminating as well as exculpatory evidence in the permanent International Criminal Court could serve as one mechanism to help improve the substantive position of the defense and the fairness of international criminal trials.
Author | : Colleen Rohan |
Publisher | : Cambridge University Press |
Total Pages | : 629 |
Release | : 2017-04-27 |
Genre | : Law |
ISBN | : 1108161642 |
Download Defense Perspectives on International Criminal Justice Book in PDF, Epub and Kindle
This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.
Author | : Jonathan Doak |
Publisher | : Bloomsbury Publishing |
Total Pages | : 336 |
Release | : 2008-04-29 |
Genre | : Law |
ISBN | : 1847314244 |
Download Victims' Rights, Human Rights and Criminal Justice Book in PDF, Epub and Kindle
In recent times, the idea of 'victims' rights' has come to feature prominently in political, criminological and legal discourse, as well as being subject to regular media comment. The concept nevertheless remains inherently elusive, and there is still considerable ambiguity as to the origin and substance of such rights. This monograph deconstructs the nature and scope of the rights of victims of crime against the backdrop of an emerging international consensus on how victims ought to be treated and the role they ought to play. The essence of such rights is ascertained not only by surveying the plethora of international standards which deal specifically with crime victims, but also by considering the potential cross-applicability of standards relating to victims of abuse of power, with whom they have much in common. In this book Jonathan Doak considers the parameters of a number of key rights which international standards suggest victims ought to be entitled to. He then proceeds to ask whether victims are able to rely upon such rights within a domestic criminal justice system characterised by structures, processes and values which are inherently exclusionary, adversarial and punitive in nature.
Author | : Wolfgang Kaleck |
Publisher | : Torkel Opsahl Academic EPublisher |
Total Pages | : 4 |
Release | : 2015-05-29 |
Genre | : Law |
ISBN | : 8283480065 |
Download Double Standards in International Criminal Justice Book in PDF, Epub and Kindle
Author | : Beatrice Faye Myers |
Publisher | : |
Total Pages | : |
Release | : 2016 |
Genre | : |
ISBN | : |
Download The Hypoplasia of the Defence in International Criminal Law Book in PDF, Epub and Kindle
Author | : Wolfgang Kaleck |
Publisher | : Torkel Opsahl Academic EPublisher |
Total Pages | : 141 |
Release | : 2015-05-29 |
Genre | : Law |
ISBN | : 829308183X |
Download Double Standards Book in PDF, Epub and Kindle