Towards an International Criminal Procedure
Series: Oxford Monographs in International Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 13 March 2003
- ISBN 9780199264506
- Binding Paperback
- No. of pages420 pages
- Size 234x156x22 mm
- Weight 597 g
- Language English 0
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Short description:
As international criminal law grows in importance and practical impact, long-standing questions of criminal procedure will need to be addressed: i.e. how do we reconcile continental-style and Anglo-American procedure? and how do we ensure that international norms of human rights are complied with. Through a systematic comparative and institutional study, this book provides an important guide to the future procedural order.
MoreLong description:
The aim of this book is to develop an international criminal procedural order. The Statute of the International Criminal Court (ICC) was agreed in 1998. This provides a rough outline of a procedure, but it still needs to be made workable for the prosecution of international criminals. Such a procedural order would need to reconcile Continental and Anglo--American approaches. The book therefore contains a comparison between German (i.e. one of the main leading Continental legal systems) criminal procedure and English and US criminal procedure, how they developed historically and philosophically, and where they stand today. It covers the criminal process from the first steps of the investigation up to the imprisonment of the convicted.
In addition to this comparative perspective, this study also analyses international human rights law as the basis of an international procedural order. For this purpose the contents of the relevant human rights law is extracted from international agreements and international bodies such as the Human Right Committee or the European Court of Human Rights and applied to the procedure of the existing International Tribunal for the Former Yugoslavia and that of the ICC Statute.
As a contribution to the fast-growing field of international criminal law, this book will be of use to all academics, practitioners, and government officials involved with the new International Criminal Court.
Review from previous edition Safferling lays the groundwork for a detailed comparative analysis of the major issues of procedure raised by the Rome Statute. The treatment of trial procedures especially benefits from his comparative analysis... The author analyses the role of the prosecutor with fascinating contrasts between the adversarial system and the inquisitorial approach of the Continent... With exhaustive research, the author... has made an important contribution through his analysis of the issues presented. Throughout the book, the reader can perceive his genuine commitment to international human rights law as well as to practical scholarship focused on problem-solving.
Table of Contents:
Introduction
About the Necessity of Respect for the Alleged Offender
The Pre-Trial Inquiry
Confirming the Indictment
The Trial
After the Conviction
The Post-Trial Stage
Summary: Towards an International Criminal Procedure
Bibliography
