The Law and Jurisprudence of the International Criminal Tribunals and Courts

This book provides the most comprehensive overview of the law and jurisprudence of the ad hoc international criminal tribunals and courts, and the International Criminal Court. It also includes relevant jurisprudence of the European Court of Human Rights and practice of the UN Human Rights Committee.
Author(s):
Vladimir Tochilovsky
book | published | 2nd edition
March 2014 | xxxiv + 1372 pp.

Hardback
€195.-


ISBN 9781780681993


Alternative prices
- Student price: €50.-

Details

This book provides the most comprehensive overview of the law and jurisprudence of the ad hoc international criminal tribunals and courts, and the International Criminal Court. It also includes relevant jurisprudence of the European Court of Human Rights and practice of the UN Human Rights Committee. It examines the nature and evolution of the relevant statutory provisions and of the procedural rules of the international criminal tribunals and provides the rationale behind the evolution.

While the book is built on the previous publications by the author, it significantly expands the subject matter of the relevant jurisprudence and reflects developments and current state of the human rights standards in the international criminal procedure. The cited jurisprudence and law is up to date as on 1 September 2013.

The book contains a digest and analysis of relevant decisions, orders and judgements and the law of the International Criminal Tribunal for the Former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR), Special Court for Sierra Leone (SCSL), Extraordinary Chambers in the Courts of Cambodia (ECCC), the International Criminal Court (ICC), as well as the relevant judgements of the European Court of Human Rights (ECtHR).


About the book
‘Tochilovsky is one of the most respected writers in this area. Having practised before the ICTY from the earliest days and acquired a wealth of international experience he is uniquely placed to write with authority and insight. His latest work is exceptional and superbly comprehensive. It is indispensable to all judges, practitioners and commentators who wish to get to grips with the law and jurisprudence of the international criminal tribunal and courts. I do not keep it on the shelf of my library, but on my desk for constant reference. I recommend it without any hesitation. A "must have" work for all of us privileged to practice in this area’
Karim A. A. Khan – Queen's Counsel, Barrister at Temple Garden Chambers, London, Lead Counsel at the ICC, ICTY, SCSL, ECCC, EULEX and other courts

‘Mr. Tochilovsky has done a masterful job of distilling the jurisprudence of different international tribunals in his comprehensive, well-organized and clearly written survey, The Law and Jurisprudence of International Criminal Tribunals and Courts. It is an invaluable resource for practitioners of international criminal law and for academics who wish to navigate confidently through an increasingly dense thicket of law and procedure.’
Judge Mark Brian Harmon – Extraordinary Chambers in the Courts of Cambodia, formerly a Senior Trial Attorney at the ICTY, a former Federal Prosecutor, Civil Rights Division, of the United States Department of Justice

‘This book provides a valuable resource to, and a wealth of background material for, practitioners and experts in the field.’
David Tolbert – President of the International Center for Transitional Justice

Chapters

Table of Contents (p. 0)

Chapter 1. Right to be Informed of the Nature and Cause of the Charge (p. 1)

Chapter 2. Accused Access to the Prosecution Material (Disclosure by the Prosecutor) (p. 113)

Chapter 3. Defence Access to Protected Material in Another Case (p. 227)

Chapter 4. Prosecution Access to the Defence Material (Disclosure by the Defence) (p. 247)

Chapter 5. Disclosure of Other Material and Information (p. 269)

Chapter 6. Other Pre-Trial Matters (p. 301)

Chapter 7. Right to Subpoena and Binding Orders (p. 305)

Chapter 8. Protection of Victims and Witnesses (p. 341)

Chapter 9. Plea Agreements (p. 377)

Chapter 10. Legal Assistance of Counsel (p. 389)

Chapter 11. Trial Proceedings (p. 437)

Chapter 12. Victims’ Participation in the Proceedings (ICC) (p. 745)

Chapter 13. Admissibility of Evidence and the Rights of the Accused (p. 759)

Chapter 14. Defences (p. 1011)

Chapter 15. Decisions and Judgements (p. 1017)

Chapter 16. Right to Appeal (p. 1083)

Chapter 17. Referral of the Case to Another Court and the Rights of the Accused (p. 1163)

Chapter 18. Contempt Proceedings and False Testimony (p. 1191)

Chapter 19. Arrest and Detention (p. 1215)

Chapter 20. Provisional Release (p. 1225)

Chapter 21. Right to Judicial Review of the Legality of Detention (Habeas Corpus) (p. 1295)

Chapter 22. Right to Interpretation and Translation (p. 1305)

Chapter 23. Remedies for Violations of the Accused’s Rights (p. 1321)

Chapter 24. Other Procedural Matters (p. 1335)

Chapter 25. International Human Rights Law and International Tribunals (p. 1365)

Index (p. 1373)