International Criminal Adjudication and the Collection of Evidence: Obligations of States

The international criminal tribunals for the former Yugoslavia and Rwanda and the International Criminal Court all need the assistance of States to function effectively. This book aims at determining the content of the duty of States to co-operate with the existing international criminal tribunals in the field of evidence gathering.
Author(s):
Göran Sluiter
Series:
Human Rights Research Series
Volume:
16
book | published | 1st edition
September 2002 | xix + 444 pp.

Paperback
€69.-


ISBN 9789050952279


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Details

Awarded with the Max Van der Stoel Human Rights Award 2003


The international criminal tribunals for the former Yugoslavia and Rwanda and the recently established permanent international criminal court all need the assistance of States to function effectively. To that end, there is a duty for (certain) States to provide the necessary assistance. It is, however, uncertain what the exact content of this duty is and whether it is sufficient in the light of fair and effective international criminal adjudication.

This book aims at determining the content of the duty to co-operate with the existing international criminal tribunals in the field of evidence gathering. It contains an analysis of the power to request assistance and an analysis of the corresponding duty to provide that assistance. Special attention is given to State co-operation related to testimonial evidence and on-site investigations, as two particularly useful forms of assistance.

This study serves the ultimate purpose of answering the question whether the ‘legal assistance regimes’ of the international criminal tribunals for the former Yugoslavia and Rwanda and the permanent international criminal court enable these bodies to fulfill their mandates.

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About the series:

Human Rights Research Series

The Human Rights Research Series’ central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.

The Series is published together with the world famous Netherlands Network for Human Rights Research (formerly School of Human Rights Research), a joint effort by human rights researchers in the Netherlands.

Editorial Board: Prof. dr. Antoine Buyse (Utrecht University), Prof. dr. Fons Coomans (Maastricht University), Prof. dr. Yvonne Donders (Chair - University of Amsterdam), Dr. Antenor Hallo de Wolf (University of Groningen), Prof. dr. Kristin Henrard (Erasmus University Rotterdam), Prof. dr. Nicola Jägers (Tilburg University), Prof. Titia Loenen (Leiden University) Prof. dr. Janne Nijman (T.M.C. Asser Instituut) and Prof. dr. Brigit Toebes (University of Groningen).

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