Overview
- of judges to attach certain legal consequences to pre-trial impropriety
- Examines the law and practice of the international criminal tribunals from the perspective of the possible judicial responses to pre-trial impropriety as well as from the perspective of specific types of pre-trial impropriety, thereby providing a fuller picture of such law and practice
- Subjects the law and practice of the international criminal tribunals to rigorous analysis, by reference to relevant human rights standards as well as to national criminal procedure, with due regard for theoretical accounts of the judicial response to pre-trial procedural violations, i.e. the rationales for responding thereto, and for certain particularities of international criminal proceedings
- In considering the rationales for responding to pre-trial procedural violations and the factors to which the international criminal tribunals have attached significant importance, providing practical guidance on how to confine and structure the discretion
- Includes supplementary material: sn.pub/extras
Part of the book series: International Criminal Justice Series (ICJS, volume 16)
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Table of contents (8 papers)
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Front Matter
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Back Matter
Keywords
About this book
criminal tribunals (ICTs) to the violation of procedural standards in the
pre-trial phase of proceedings. It does so against the backdrop of the assumption that
certain particularities of international criminal proceedings may warrant a different
approach to the matter than at the national level.
By reference to relevant human rights standards and to national criminal procedure,
as well as to theoretical accounts of the judicial response to pre-trial procedural violations,
this book assesses the ICTs’ law and practice in this regard, thereby identifying
points of concern and making suggestions for improvement. In doing so, it considers
the most suitable rationale for responding to procedural violations committed in the
pre-trial phase of international criminal proceedings and the merits of judicial discretion
in this context, as well as the impact of certain particularities of such proceedings
on the determination of how to address procedural violations.
The book is intended for academics and practitioners in the field of (international)
criminal law who want to gain a deeper understanding of the possible impact of
pre- trial procedural violations on criminal proceedings.
Kelly Pitcher is Assistant Professor of Criminal Law and Criminal Procedure at Leiden
University in The Netherlands.
Authors and Affiliations
Bibliographic Information
Book Title: Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings
Authors: Kelly Pitcher
Series Title: International Criminal Justice Series
DOI: https://doi.org/10.1007/978-94-6265-219-4
Publisher: T.M.C. Asser Press The Hague
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer-Verlag GmbH, DE, part of Springer Nature 2018
Hardcover ISBN: 978-94-6265-218-7Published: 28 December 2017
eBook ISBN: 978-94-6265-219-4Published: 14 December 2017
Series ISSN: 2352-6718
Series E-ISSN: 2352-6726
Edition Number: 1
Number of Pages: XII, 567
Topics: Human Rights, International Criminal Law , International Humanitarian Law, Law of Armed Conflict, Human Rights and Crime , War Crimes