This sixty-sixth volume of the Annotated Leading Cases of International Criminal Tribunals contains the decision taken by the ECCC on 16 November 2018 in Case 002/02. It provides the reader with the full text of the decision, identical to the original version and including the separate opinion. A istinguished expert in the field of international criminal law has commented on this decision.
Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law, ICTY, ICTR, ICC and other forms of international criminal adjudication.
The Annotated Leading Cases of International Criminal Tribunals are also available online. The service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series: http://www.annotatedleadingcases.com/about.aspx.
ANDRÉ KLIP is Professor of criminal law, criminal procedure and international criminal law at Maastricht University. He is a member of the Royal Netherlands Academy of Arts and Sciences and a judge at the ‘s-Hertogenbosch Court of Appeal.
STEVEN FREELAND is Professor of International Law at Western Sydney University, Permanent Visiting Professor at the Courts Centre of Excellence for International Courts, Denmark, and Adjunct Professor at the University of Hong Kong.
There are no separate chapters available for this publication.
‘Annotated Leading Cases of International Criminal Tribunals is a particularly useful reference and research tool for anyone interested in specific legal aspects of the law of the tribunals.'
Frederik Naert in 49 Military Law and the Law of War Review (2010) 243.
The establishment of the International Criminal Tribunals for the Former Yugoslavia and Rwanda raised many new legal issues, such as the competence of the Security Council of the United Nations to establish a criminal tribunal, the relationship between the Tribunal and national authorities and the protection of vulnerable witnesses without violating the rights of the defence at the same time.
In dealing with these and other issues, one has to bear in mind that there was no useful precedent to guide the International Tribunals in their work. The Intergovernmental Conference for the creation of the statute of the International Criminal Court met with these very same challenges. Therefore, it was and is a major challenge for the Tribunals and the International Criminal Court to come up with creative solutions to legal problems in a manner that enables them to function effectively and fully respects the rights of the accused. The Tribunal’s and Court’s case law provides some of these solutions.
Annotated Leading Cases of International Criminal Tribunals provides you with the full text of the most important decisions, including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the most important decisions of the ICTY, ICTR, The Special Court for Sierra Leone, The Special Panels for Serious Crimes in Timor-Leste and the ICC.
The series is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR and other forms of international criminal adjudication.
The series is accompanied by a website: www.annotatedleadingcases.com. For subscription details please refer to the website.
Annotated Leading Cases of International Criminal Tribunals is published under the editorial supervision of Prof. André Klip (Maastricht University, the Netherlands) and Prof. Steven Freeland (University of Western Sydney, Australia).
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