Overview

This book sets out and analyses the procedural law applied by international criminal tribunals and the International Criminal Court (ICC). It traces the development of international criminal procedure from its roots in the International Military Tribunal at Nuremberg to its current application by the Yugoslav and Rwanda Tribunals, the Special Court for Sierra Leone, the Extraordinary Chamber in the Courts of Cambodia, and the International Criminal Court. All of these tribunals apply a different set of rules. The focus of this book, however, lies on the ICC and its procedural regime as contained in the Rome Statute, the Rules of Procedure and Evidence, and the different Regulations of the Court and of the Prosecutor. The exceptional compromise between common and civil law which formed the basis of the ICC's Statute created a unique procedural order. This book systematically analyses the Court's organisational structure, overall procedural setting, and the individual procedural regulations, and compares and contrasts these to other international criminal tribunals. Amongst the many unresolved procedural issues are the rights of the accused before, during, and after the trial, the disclosure of evidence, the presentation of evidence, the participation of victims, the protection of witnesses, and the cooperation between the ICC and individual states. Through looking at these issues, the book develops a concise and fitting theoretical underpinning for the ICC's procedural order that is not founded on any specific legal culture.

Full Product Details

Author:   Christoph Safferling (Professor of International Criminal Law, Philipps-University Marburg)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 18.20cm , Height: 4.10cm , Length: 25.40cm
Weight:   1.274kg
ISBN:  

9780199562886

ISBN 10:   0199562881
Pages:   640
Publication Date:   15 March 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

1: Introduction Part I - The Historic Development of International Criminal Procedure 2: Forerunners 3: The Different Systems and Traditions 4: The Importance of Human Rights Part II - The Special Circumstances of International Criminal Procedure 5: Purposes and Aims 6: The Legal Sources 7: Questions of Competence 8: Complementarity 9: Cooperation Part III - The Participating Institutions 10: The Court 11: The Prosecutor 12: The Accused and his Defence Counsel 13: Victims and Witnesses 14: The Registry Part IV - The Procedural Structure 15: The Investigation 16: The Confirmation Stage 17: The Trial 18: The Appeals Procedure 19: The Post-Trial Phase Part V - International Cooperation 20: Investigation 21: Execution of Sentence

Reviews

Safferling's book is both useful and necessary; and does assist with bridging the gap between academia and practice into the future. Journal of International Criminal Justice

The author sets out the methods and sources of international criminal procedure ... His aim is to discuss and comment on the criminal procedure as this is practiced in the various tribunals and this he does in admirable fashion. This is an exceptional scholarly output that provides the best possible account of the theory and sources of international criminal procedure while at the same time examining in detail the pertinent rules. Ilias Bantekas, International Criminal Law Review 13 Safferling's book is both useful and necessary; and does assist with bridging the gap between academia and practice into the future. Journal of International Criminal Justice

Author Information

"Christoph Safferling, 1971, (Dr. iur., LL.M.) studied law in Munich and London. He received his doctoral degree at the University of Munich in 1999, and passed the bar exam in 2000. Afterwards he held the position of Assistant Professor of Law at the University of Erlangen-Nuremberg. Since 2006 he has been Professor of Criminal Law, Criminal Procedure, International Criminal Law and Public International Law at the Philipps-University of Marburg, Director of the International Research and Documentation Centre for War Crimes Trials, and the Whitney R. Harris International Law Fellow at the Jackson Center, Jamestown, N.Y. He is member of the advisory board to the city of Nuremberg in relation to the the ""Memorial Nuremberg Trials""."

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