Illicitly Obtained Evidence at the International Criminal Court
Authors: Viebig, Petra
Free Preview- First comprehensive monography on the subject
- Rigorous methodological approach to a key question of criminal procedure
- The work includes the different views of national systems on the subject and enhances the mutual understanding of lawyers with a civil and with a common law background
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- About this book
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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.
- Table of contents (9 chapters)
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Introduction
Pages 1-9
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Legal Sources and Legal Methodology Under the ICC Statute
Pages 11-45
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Previous Approaches to the Exclusion of Illicitly Obtained Evidence
Pages 47-95
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Development of an Approach to the Exclusion of Evidence by the International Criminal Court
Pages 97-162
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Factors in the Balancing Exercise
Pages 163-187
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Table of contents (9 chapters)
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Bibliographic Information
- Bibliographic Information
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- Book Title
- Illicitly Obtained Evidence at the International Criminal Court
- Authors
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- Petra Viebig
- Series Title
- International Criminal Justice Series
- Series Volume
- 4
- Copyright
- 2016
- Publisher
- T.M.C. Asser Press
- Copyright Holder
- T.M.C. Asser Press and the author
- eBook ISBN
- 978-94-6265-093-0
- DOI
- 10.1007/978-94-6265-093-0
- Hardcover ISBN
- 978-94-6265-092-3
- Series ISSN
- 2352-6718
- Edition Number
- 1
- Number of Pages
- XII, 291
- Topics
