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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Chapter 1. Introduction.- Chapter 2. Human Rights Framework.- Chapter 3. Judicial Responses to Pre-Trial Procedural Violations in The Netherlands.- Chapter 4. Judicial Responses to Pre-Trial Procedural Violations in England and Wales.- Chapter 5. Law and Practice of the International Criminal Tribunals - General Overview.- Chapter 6. Law and Practice of the International Criminal Tribunals - Specific Contexts.- Chapter 7. Assessment of the International Criminal Tribunals' Law and Practice.- Chapter 8. Conclusion.- Bibliography.- List of Cases.- List of Instruments.- Index.
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