Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings

Authors: Pitcher, Kelly

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 of judges to attach certain legal consequences to pre-trial impropriety

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About this book: This book provides an in-depth examination of the judicial response at the internationalcriminal tribunals (ICTs) to the violation of procedural standards in thepre-trial phase of proceedings. It does so against the backdrop of the assumption thatcertain particularities of international criminal proceedings may warrant a differentapproach 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 identifyingpoints of concern and making suggestions for improvement. In doing so, it considersthe most suitable rationale for responding to procedural violations committed in thepre-trial phase of international criminal proceedings and the merits of judicial discretionin this context, as well as the impact of certain particularities of such proceedingson 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 ofpre- trial procedural violations on criminal proceedings.
Kelly Pitcher is Assistant Professor of Criminal Law and Criminal Procedure at LeidenUniversity in The Netherlands.

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Table of contents (8 chapters)