The Right to Appeal in International Criminal Law: Human Rights Benchmarks, Practice and Appraisal

Author:   Drazan Djukic
Publisher:   Brill
Volume:   14
ISBN:  

9789004366695


Pages:   294
Publication Date:   16 May 2019
Format:   Hardback
Availability:   In stock   Availability explained
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The Right to Appeal in International Criminal Law: Human Rights Benchmarks, Practice and Appraisal


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Author:   Drazan Djukic
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   14
Weight:   0.606kg
ISBN:  

9789004366695


ISBN 10:   9004366695
Pages:   294
Publication Date:   16 May 2019
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In stock   Availability explained
We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately.

Table of Contents

Preface List of Abbreviations Introduction Part 1 1 The Obligations of the Ad Hoc Tribunals and the ICC Arising from International Human Rights Law 1.1 The General Obligations 1.2 The Obligations Regarding Appellate Proceedings 2 The International Human Rights Law Framework Governing the Appellate Proceedings of the Ad Hoc Tribunals and the icc Part 2 3 The Inception of the Right to Appeal in International Human Rights Law 3.1 The iccpr 3.2 The echr 3.3 The achr 4 The iccpr 4.1 The General Right to a Fair Trial 4.2 The Fair Trial Guarantees Applicable to Criminal Proceedings 4.3 The Right to Appeal 5 The ECHR 5.1 The General Right to a Fair Trial 5.2 The Fair Trial Guarantees Applicable to Criminal Proceedings 5.3 The Right to Appeal 6 The ACHR 6.1 The General Right to a Fair Trial 6.2 The Fair Trial Guarantees Applicable to Criminal Proceedings 6.3 The Right to Appeal 7 The Systematisation of Norms of International Human Rights Law 7.1 The Similarities and Dissimilarities 7.2 The Reasons for the Similarities and Dissimilarities 8 The Norms of International Human Rights Law Relevant to Appellate Proceedings in International Criminal Law 8.1 The Identical or Unopposed ICCPR Norms or Approaches 8.2 The Diverging Norms or Approaches Part 3 9 The Appellate Structures 9.1 The Ad Hoc Tribunals 9.2 The ICC 9.3 The International Human Rights Law Standards 10 The Parties Entitled to the Right to Appeal 10.1 The Ad Hoc Tribunals 10.2 The ICC 10.3 The International Human Rights Law Standards 11 The Impediments to Accessing the Appeals Chambers 11.1 The Ad Hoc Tribunals 11.2 The ICC 11.3 The International Human Rights Law Standards 12 The Legal Representation of the Accused 12.1 The Ad Hoc Tribunals 12.2 The ICC 12.3 The International Human Rights Law Standards 13 The Composition of the Appeals Chambers 13.1 The Ad Hoc Tribunals 13.2 The ICC 13.3 The International Human Rights Law Standards 14 The Written Submissions and the Appeal Hearing 14.1 The Ad Hoc Tribunals 14.2 The ICC 14.3 The International Human Rights Law Standards 15 The Scope of Appellate Review 15.1 The Ad Hoc Tribunals 15.2 The ICC 15.3 The International Human Rights Law Standards 16 The Powers of the Appeals Chambers 16.1 The Ad Hoc Tribunals 16.2 The ICC 16.3 The International Human Rights Law Standards 17 The Judgments of the Appeals Chambers 17.1 The Ad Hoc Tribunals 17.2 The ICC 17.3 The International Human Rights Law Standards Part 4 18 The Areas of Compliance 19 The Areas of Non-compliance 19.1 The Underrating of International Human Rights Law 19.2 The Combination of Civil Law and Common Law Elements 19.3 The Shifting Compositions of the Appeals Chambers 20 The Proposals for Adjustments to the ICC System 20.1 The Statutory Basis for Recusal 20.2 A Screening Mechanism 20.3 A Broad Approach to Appellate Review 20.4 The Prioritisation of Conclusive Appellate Determination 20.5 The Substitution of First-Instance Acquittals for Appellate Convictions 21 Concluding Remarks Bibliography Index

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Author Information

Drazan Djukic, LL.M. (Geneva Academy of International Humanitarian Law and Human Rights) and Ph.D. (Tilburg University), is Associate Legal Officer with the Pre-Trial Division of the International Criminal Court.

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