Defense Perspectives on International Criminal Justice

In this book, leading international practitioners and scholars offer a unique defense perspective on the proper administration of international criminal justice.

Colleen Rohan (Edited by), Gentian Zyberi (Edited by)

9781107451605, Cambridge University Press

Paperback / softback, published 13 December 2018

627 pages
23 x 15.2 x 3 cm, 0.9 kg

This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.

On the administering of international criminal justice Judge Howard Morrison, QC
Part I. A General Perspective on the Role and Function of the Defense in International Criminal Proceedings: 1. The pioneering role of the defense counsel in international criminal trials: from Nuremberg to The Hague Geert-Jan Knoops
2. Ethical standards in the practice of international criminal law Colleen Rohan
3. Who needs a lawyer anyway? Self-representation and standby counsel in international criminal trials Richard Harvey
4. Navigating the tension between effective and efficient legal counselling and respecting the formal rules of the tribunals: what compass to use? Gentian Zyberi
Part II. Institutional Organization and Concerns: 5. Defense organizations and offices at the international courts and tribunals Dominic Kennedy and Isabel Düsterhöft
6. Functional immunity of the defense counsel and defense staff from prosecution before domestic courts Semir Sali and Gentian Zyberi
7. The principle of equality of arms in international criminal proceedings Masha Fedorova
Part III. The Role of the Defense during the Criminal Process: 8. The role of the defense in the pre-trial stage Jens Dieckmann and Marie O'Leary
9. The role of the defense in the trial stage Michael Karnavas
10. The role of the defense in the appellate stage John Ackerman and Colleen Rohan
11. Post-conviction remedies and the residual mechanism Martin Petrov and Dejana Radisavljevic
Part IV. Specific Aspects of the Work of the Defense: 12. Developing a case theory and a defense strategy Gregor Guy-Smith
13. Vaguely drawn maps and dimly lit paths: rules governing admissibility of evidence at the ad hoc tribunals (Part I) Wayne Jordash and Léa Kulinowski
14. Vaguely drawn maps and dimly lit paths: rules governing admissibility of evidence at the ad hoc tribunals (Part II) Wayne Jordash and Léa Kulinowski
15. Affirmative defenses in international criminal proceedings Annie O'Reilly
16. Defense investigations and the collection of evidence Caroline Buisman and David Hooper
Part V. Concluding Observations: 17. A tale of four illusions: the rights of the defense before international criminal tribunals Dov Jacobs.

Subject Areas: Criminal law & procedure [LNF], International criminal law [LBBZ], Public international law [LBB]