Jurisprudence of international criminal courts: procedure and evidence
Gespeichert in:
| 1. Verfasser: | |
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| Format: | Buch |
| Sprache: | English |
| Veröffentlicht: |
Nijmegen
Wolf Legal Publ.
2006
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| Online-Zugang: | Inhaltsverzeichnis |
| Beschreibung: | XXI, 669 S. CD-ROM |
| ISBN: | 9058501574 9789058501578 |
Internformat
MARC
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| 100 | 1 | |a Tochilovsky, Vladimir |e Verfasser |4 aut | |
| 245 | 1 | 0 | |a Jurisprudence of international criminal courts |b procedure and evidence |c Vladimir Tochilovsky |
| 264 | 1 | |a Nijmegen |b Wolf Legal Publ. |c 2006 | |
| 300 | |a XXI, 669 S. |e CD-ROM | ||
| 336 | |b txt |2 rdacontent | ||
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| 999 | |a oai:aleph.bib-bvb.de:BVB01-014919810 | ||
Datensatz im Suchindex
| _version_ | 1804135539476004864 |
|---|---|
| adam_text | Contents
FOREWORD
I. INDICTMENT
INTRODUCTION
Applicability to the proceedings in the ICC
STATEMENT OF THE FACTS IN THE INDICTMENT
General Requirements
Material Facts
Material Facts Related to the Nature of the Criminal Responsibility
of the Accused
Materiality of the facts in a case based on personal responsibility
Joint Criminal Enterprise
Materiality of the facts in a case based on superior responsibility
Material Facts Related to State of Mind
Legal Prerequisites as Material Facts
Additional Facts in the Indictment
CHARGES IN THE INDICTMENT
Counts
General Offence Charging
Persecution
Other inhumane acts
Cumulative and Alternative Charging
Cumulative charging
Alternative charging
PARTICULARS IN THE INDICTMENT
General Provisions
Particulars Related to the Nature of the Criminal Responsibility
of the Accused
Other Particulars
Particulars related to victims
Particularity of other
Schedules to the indictment
Use of Some Terms in the Indictment
ADDITIONAL PARTICULARS REGARDING THE OFFENCES CHARGED
PROSECUTION PRE-TRIAL BRIEF
CONFIRMATION AND AMENDMENT OF THE INDICTMENT
Division between the Confirming Judge and the Trial Chamber
Confirmation of the Indictment
Amendment of the Indictment
General provisions
Interest of justice
New charges
Withdrawal of charges
Judicial discretion
Factors to be considered by the Trial Chamber
Prejudice to the accused
Timing
Standard of proof for amendment, ICTY
Standard of proof for amendment, ICTR and SCSL
JOINDER OF ACCUSED
General
Same transaction
Trial Chamber s discretion and relevant factors
Judicial economy
Avoiding serious prejudice to the accused
Minimising hardship to witnesses
Consistency in
CURING DEFECTIVE INDICTMENT
П.
INTRODUCTION
Some specific features in the ICC proceedings
DISCLOSURE OF THE SUPPORTING MATERIAL AND
STATEMENTS OF THE ACCUSED
Supporting material
Disclosure of the material supporting new charges
in the amended indictment
Prior Statements of the Accused
DISCLOSURE RELATING TO PROSECUTION WITNESSES
General
Meaning and Forms of Witness Statements
Will-say statements
Disclosure of the Identity of Witnesses
Protection of Witnesses in Disclosure
General
Non-disclosure under Rule
DISCLOSURE RELATING TO DEFENCE WITNESSES
Defence witness statements
Defence witness summaries
Other information related to Defence witnesses
DISCLOSURE AND INSPECTION OF OTHER MATERIAL
Inspection of Evidence Material to the Preparation of the Defence
General
Material to the defence
Disclosure and Inspection of Other Relevant Material
Disclosure of Evidence of a Pattern of Conduct
DISCLOSURE OF EXCULPATORY MATERIAL
Prosecution Obligation to Disclose Exculpatory Material
General
Continuing obligation
Types of Material Subject to Disclosure
Testimony in other cases
Defence Request Based on Rule
LATE DISCLOSE
Remedies
RESTRICTIONS ON DISCLOSURE
Information Provided on a Confidential Basis
Internal Documents
TRANSLATION OF DISCLOSED MATERIAL
DISCLOSURE ON APPEAL
OTHER MATTERS RELATED TO DISCLOSURE
VARIATION OF THE PROSECUTION LISTS OF WITNESSES
AND EXHIBITS
General
Relevant factors
Other relevant matters
ACCESS TO PROTECTED MATERIAL IN ANOTHER CASE
Access to Inter
Conditions
Access to confidential pleadings and decisions in another case
Protective measures
Other relevant matters
Access to
Ш.
Defence Pre-Trial Brief
Defence of alibi
Other Defence Disclosure
IV. ACCESS TO EVIDENCE
INTRODUCTION
BINDING ORDERS TO STATES AND INTERNATIONAL ORGANISATIONS
Binding Orders to States
General
Requests under Rule
Binding Orders to International Organisations
Binding Orders to State Officials
Requirements to Requests
CONTACTING WITNESSES OF THE OTHER PARTY
WITNESS SUMMONSES AND SUBPOENAS
Subpoenas to Individuals in General
Determining whether to issue a subpoena
Role of national authorities in execution of Tribunal orders
Subpoenas to Opposing Party s Witnesses
Subpoenas to State Officials
Subpoenas to Other Entities
SEEKING ASSISTANCE FROM STATES AND INTERNATIONAL
ORGANISATIONS (SCSL)
V.
General
Balance between Rights of the Accused and Protection
of Witnesses
Judicial Discretion
A Genuine Fear
Protective measures based on witnesses location
Other Relevant Matters
VI. LEGAL ASSISTANCE OF COUNSEL
INTRODUCTION
CHAMBER S POWER TO REVIEW REGISTRAR S DECISION
TO ASSIGN COUNSEL
RIGHT OF ACCUSED TO CHOOSE A COUNSEL
General
Assignment of co-counsel
Legal aid
Conflict of Interests
RIGHT TO SELF-REPRESENTATION
General
Judicial Discretion
Potential Disruption to Proceedings
Waiver of the Right to Counsel during a Custodial Questioning
ASSIGNMENT OF COUNSEL AGAINST THE WISHES
OF THE ACCUSED
Imposition of Counsel
Assignment of Amicus
Legal Associates
VII.
INTRODUCTION
GENERAL
TRIAL CHAMBER S ROLE
General
Sentencing
VIH.
INTRODUCTION
GENERAL
PRINCIPLE OF EQUALITY OF ARMS
USING A PRIOR STATEMENT IN EXAMINATION OF A WITNESS
Refreshing the Witness Memory
Impeachment of the Witness Credibility
Use of Prior Consistent Statements
PRESENTATION OF EXHIBITS
CROSS-EXAMINATION
General
Testing the witness credibility
Admissïbüüy
Questions relating to pre-testimony meetings
RE-EXAMINATION
REBUTTAL, REJOINDER AND REOPENING PROSECUTION CASE
General
Rebuttal
Rejoinder
Re-opening a Case
General
A two-step procedure
The Chamber s discretion
Video-link Testimony and Deposition Evidence
Testimony via video-conference link
Deposition evidence
EXAMINATION OF A WITNESS IN POSSESSION OF RULE
INFORMATION
CLOSED SESSIONS
Protection of Witnesses
Protection of the Interests of Justice
Protection of confidential information
TRIAL CHAMBER S CONTROL OVER THE PRESENTATION
OF EVIDENCE
General
Authority to Limit the Length of Time and Number of Witnesses
Pre-trial Delivery of Witness Statements to the Trial Chamber
Witnesses Summoned by Chamber
General
Order and scope of examination
DL JUDGEMENT
X. ADMISSIBILITY OF EVIDENCE
INTRODUCTION
GENERAL PROVISIONS
A Unique Mixture of Common Law and Civil Law Rules
Chambers shall not be bound by National Rules of Evidence
Application of National Rules of Evidence
Extensive admissibility of Evidence
Discretion of the Trial Chamber
Exclusion of Certain Evidence
Relevance and Probative Value
Reliability
Hearsay evidence
DOCUMENTARY EVIDENCE AND INTERCEPTS
Documentary Evidence
General
Relevance andprobative value
Reliability
Authenticity
Other requirements
Rule
Intercepts
WRITTEN STATEMENTS AND EXPERT REPORTS
Admissibility under Rule
General
Discretion of the Trial Chamber
The acts and conduct of the accused
The acts and conduct of the accused and modes of responsibility
Factors in favour of admitting evidence under Rule
Statement of a deceased witness
Transcripts
Appearance for cross-examination
Admissibility under Rule
Admissibility of Prior Written Statements
Prior statement of the accused
Witness prior statement
Relationship between Rules
Expert Reports
Expert witness
Expert s evidence
Difference between Rules
Admissibility of Will-Say Statements
Admissibility of Summarising Evidence
FACTS ADMISSIBLE FOR JUDICIAL NOTICE
Judicial Notice
General
Difference between sub-rule
Applicability to appeal proceedings
Facts of Common Knowledge
General
Reasonably indisputable
Adjudicated Facts or Documentary Evidence from Other
Proceedings
General
Conditions for admissibility under Rule 94(B)
Presumption of innocence
Chamber s discretion
Other relevant matters
Differences between adjudicated facts and agreed facts
Documentary evidence
EVIDENCE IN REBUTTAL AND REJOINDER
Rebuttal Evidence
Rejoinder Evidence
ADDITIONAL EVIDENCE ON APPEAL (RULE
General Provisions
Impact of the additional evidence must be specified clearly
A decisive factor
Tactical decisions
Applicability to interlocutory appeals
Additional evidence bolstering challenged Trial Chamber s finding
Requirements in General
Admissibility if the Evidence was not Available at Trial
Due diligence
Admissibility if the Evidence was Available at Trial
Gross negligence as an exception
Additional Evidence (Rule
EVIDENCE OF THE MATERIAL FACTS NOT PLEADED
IN THE INDICTMENT
SOME OTHER TYPES OF EVIDENCE
VOIR
XI. MOTIONS FOR JUDGEMENT OF ACQUITTAL
INTRODUCTION
GENERAL
THE APPLICABLE TEST
Rule
Could convict
ХП.
GENERAL
Factors that are Specific to the Functioning of the Tribunal
General Principles
An Application for Provisional Release can be Brought at any Time
Removal of the Exceptional Circumstances Requirement from
the Rules
Burden of Proof
Two Express Pre-conditions
Trial Chamber s Discretion
THE RELEVANT FACTORS
General
Seriousness of the Crimes
Governmenťs
The reliability of a guarantee
The degree of cooperation by the state authorities
Position of the accused in the hierarchy
Cooperation with the Prosecution
Circumstances of Surrender
The Thread Posed to Victims and Witnesses
Some Additional Factors
Other Factors
PROVISIONAL RELEASE OF CONVICTED PERSONS PENDING
AN APPEAL
SOME PROCEDURAL MATTERS
MODIFICATION OF THE CONDITIONS OF DETENTION
House Arrest
ХШ.
.INTRODUCTION
GENERAL
DISCRETION OF THE REFERRAL BENCH
RELEVANT FACTORS
Level of Responsibility of the Accused and Gravity of the Crimes
General
Level of responsibility
Gravity of crimes
Compatibility of the Legal System with the Requirements
of Rule
Protective Measures
DETERMINATION OF THE STATE OF REFERRAL
MONITORING MECHANISM
OTHER RELEVANT MATTERS
Laws of Extradition
Applicable Substantive Law
Other Matters
RELEVANT TRIBUNALS AND ICC LAW
Indictment
(ICTY) Rule 2(A):
(ICTR) Rule 2(A): Definitions
(SCSL) Rule 2(A): Definitions
(ICTY) Article
of indictment
(ICTR) Article
of Indictment
(ICC) Article
a warrant of arrest or a summons to appear
(ICTY) Article
(ICTR) Article
(ICC) Article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Rule
(ICTY) Article
(ICTR) Article
(SCSL) Article
(ICC) Article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Rule
(ICC) Rule
confirmation of charges
(ICC) Article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule 72(A)(ii): Preliminary Motions
(ICTR) Rule 72(A)(ii): Preliminary Motions
(SCSL) Rule 72(A)(B)(C): Preliminary Motions
Disclosure
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Rule
witnesses
(ICC) Rule
of the Prosecutor
(ICC) Rule
(ICC) Article
(ICC) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
Relevant Material
(ICTR) Rule
and Other Relevant Material
(SCSL) Rule
(ICTY) Rule
Obligations
(ICC) Article
(ICC) Rule
paragraph
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Rule
(ICC) Rule
information protected under article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule 111: Appellant s Brief
(ICTY) Rule
Variation of the Prosecution s list of witnesses and exhibits
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
Access to evidence
(ICTY) Article
(ICTR) Article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
Production of Documents
Protection of victims and witnesses
(ICTY) Article
of trial proceedings
(ICTY) Article
(ICTY) Rule
and Witnesses
(ICTR) Article
Proceedings
(ICTR) Article
(ICTR) Rule
and Witnesses
(SCSL) Rule
(SCSL) Rule
(SCSL) Rule
Witnesses
(ICC) Article
(ICC) Article
and their participation in the proceedings
(ICC) Rule
(ICC) Rule
Legal
(ICTY) Article
(ICTR) Article
(SCSL) Article
(ICC) Article
(ICC) Rule
hearing
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Rule
(ICTY) Rule
of Counsel
(ICTR) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Rule
for the defence
(ICTY) Rule
(ICTR) Rule
(ICTR) Rule
Interests of Justice
(SCSL) Rule
(SCSL) Rule
(ICC) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
Plea agreement
(ICTY) Rule
(ICTR) Rule
(ICTR) Rule
(ICTY) Rule
(ICTR) Rule
(ICC) Article
(ICC) Rule
Admissibility and presentation of evidence
OCTY)
(ICTR) Article
(ICTR) Article
(ICC) Article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Rule
and testimony
(ICTY) Rule
(ICTR) Rule
(SCSL)
(ICC)
(ICQ
(ICC) Rule
admissibility of evidence
(ICC): Article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC): Article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
of Additional Evidence
(ICTR) Rule
of Additional Evidence
(ICC) Article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
ÒCTR)
(SCSL) Rule
Video-link testimony and deposition evidence
(ICTY) Rule
ÒCTR)
(SCSL). Rule
(ICTY) Rule
(ICC) Rule
(ICC) Rule
technology
Closed Sessions
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
Judgement
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Article
Motion for Judgement of Acquittal
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
Provisional Release
OCTY)
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
Referral of the indictment to another court
(ICTY) Rule
(ICTR) Rule
TABLE OF CASES
Form of the indictment
Amendment of the indictment
Joinder of accused
Disclosure by the Prosecutor
Variation of the Prosecution s list of witnesses and exhibits
Defence disclosure
Access to protected material in another case
Binding orders and subpoenas
Contacting witnesses of the other party
Protection of victims and witnesses
Legal assistance of counsel
Plea Agreement
Presentation evidence
Delivery of witness statements to the Trial Chamber
Deposition and video-link
Closed Sessions
Judgement
Admissibility of evidence
Judicial notice
Motion for Judgement of Acquittal
Provisional Release
Referral of the indictment to another court
THE AUTHOR
|
| adam_txt |
Contents
FOREWORD
I. INDICTMENT
INTRODUCTION
Applicability to the proceedings in the ICC
STATEMENT OF THE FACTS IN THE INDICTMENT
General Requirements
Material Facts
Material Facts Related to the Nature of the Criminal Responsibility
of the Accused
Materiality of the facts in a case based on personal responsibility
Joint Criminal Enterprise
Materiality of the facts in a case based on superior responsibility
Material Facts Related to State of Mind
Legal Prerequisites as Material Facts
Additional Facts in the Indictment
CHARGES IN THE INDICTMENT
Counts
General Offence Charging
Persecution
Other inhumane acts
Cumulative and Alternative Charging
Cumulative charging
Alternative charging
PARTICULARS IN THE INDICTMENT
General Provisions
Particulars Related to the Nature of the Criminal Responsibility
of the Accused
Other Particulars
Particulars related to victims
Particularity of other
Schedules to the indictment
Use of Some Terms in the Indictment
ADDITIONAL PARTICULARS REGARDING THE OFFENCES CHARGED
PROSECUTION PRE-TRIAL BRIEF
CONFIRMATION AND AMENDMENT OF THE INDICTMENT
Division between the Confirming Judge and the Trial Chamber
Confirmation of the Indictment
Amendment of the Indictment
General provisions
"Interest of justice"
"New charges"
Withdrawal of charges
Judicial discretion
Factors to be considered by the Trial Chamber
Prejudice to the accused
Timing
Standard of proof for amendment, ICTY
Standard of proof for amendment, ICTR and SCSL
JOINDER OF ACCUSED
General
"Same transaction"
Trial Chamber's discretion and relevant factors
Judicial economy
Avoiding serious prejudice to the accused
Minimising hardship to witnesses
Consistency in
CURING DEFECTIVE INDICTMENT
П.
INTRODUCTION
Some specific features in the ICC proceedings
DISCLOSURE OF THE SUPPORTING MATERIAL AND
STATEMENTS OF THE ACCUSED
Supporting material
Disclosure of the material supporting new charges
in the amended indictment
Prior Statements of the Accused
DISCLOSURE RELATING TO PROSECUTION WITNESSES
General
Meaning and Forms of Witness Statements
Will-say statements
Disclosure of the Identity of Witnesses
Protection of Witnesses in Disclosure
General
Non-disclosure under Rule
DISCLOSURE RELATING TO DEFENCE WITNESSES
Defence witness statements
Defence witness summaries
Other information related to Defence witnesses
DISCLOSURE AND INSPECTION OF OTHER MATERIAL
Inspection of Evidence Material to the Preparation of the Defence
General
"Material to the defence"
Disclosure and Inspection of Other Relevant Material
Disclosure of Evidence of a Pattern of Conduct
DISCLOSURE OF EXCULPATORY MATERIAL
Prosecution Obligation to Disclose Exculpatory Material
General
"Continuing obligation"
Types of Material Subject to Disclosure
Testimony in other cases
Defence Request Based on Rule
LATE DISCLOSE
Remedies
RESTRICTIONS ON DISCLOSURE
Information Provided on a Confidential Basis
Internal Documents
TRANSLATION OF DISCLOSED MATERIAL
DISCLOSURE ON APPEAL
OTHER MATTERS RELATED TO DISCLOSURE
VARIATION OF THE PROSECUTION LISTS OF WITNESSES
AND EXHIBITS
General
Relevant factors
Other relevant matters
ACCESS TO PROTECTED MATERIAL IN ANOTHER CASE
Access to Inter
Conditions
Access to confidential pleadings and decisions in another case
Protective measures
Other relevant matters
Access to
Ш.
Defence Pre-Trial Brief
Defence of alibi
Other Defence Disclosure
IV. ACCESS TO EVIDENCE
INTRODUCTION
BINDING ORDERS TO STATES AND INTERNATIONAL ORGANISATIONS
Binding Orders to States
General
Requests under Rule
Binding Orders to International Organisations
Binding Orders to State Officials
Requirements to Requests
CONTACTING WITNESSES OF THE OTHER PARTY
WITNESS SUMMONSES AND SUBPOENAS
Subpoenas to Individuals in General
Determining whether to issue a subpoena
Role of national authorities in execution of Tribunal orders
Subpoenas to Opposing Party's Witnesses
Subpoenas to State Officials
Subpoenas to Other Entities
SEEKING ASSISTANCE FROM STATES AND INTERNATIONAL
ORGANISATIONS (SCSL)
V.
General
Balance between Rights of the Accused and Protection
of Witnesses
Judicial Discretion
A "Genuine Fear"
Protective measures based on witnesses' location
Other Relevant Matters
VI. LEGAL ASSISTANCE OF COUNSEL
INTRODUCTION
CHAMBER'S POWER TO REVIEW REGISTRAR'S DECISION
TO ASSIGN COUNSEL
RIGHT OF ACCUSED TO CHOOSE A COUNSEL
General
Assignment of co-counsel
Legal aid
Conflict of Interests
RIGHT TO SELF-REPRESENTATION
General
Judicial Discretion
Potential Disruption to Proceedings
Waiver of the Right to Counsel during a Custodial Questioning
ASSIGNMENT OF COUNSEL AGAINST THE WISHES
OF THE ACCUSED
Imposition of Counsel
Assignment of Amicus
Legal Associates
VII.
INTRODUCTION
GENERAL
TRIAL CHAMBER'S ROLE
General
Sentencing
VIH.
INTRODUCTION
GENERAL
PRINCIPLE OF EQUALITY OF ARMS
USING A PRIOR STATEMENT IN EXAMINATION OF A WITNESS
Refreshing the Witness' Memory
Impeachment of the Witness' Credibility
Use of Prior Consistent Statements
PRESENTATION OF EXHIBITS
CROSS-EXAMINATION
General
Testing the witness' credibility
Admissïbüüy
Questions relating to pre-testimony meetings
RE-EXAMINATION
REBUTTAL, REJOINDER AND REOPENING PROSECUTION CASE
General
Rebuttal
Rejoinder
Re-opening a Case
General
A two-step procedure
The Chamber's discretion
Video-link Testimony and Deposition Evidence
Testimony via video-conference link
Deposition evidence
EXAMINATION OF A WITNESS IN POSSESSION OF RULE
INFORMATION
CLOSED SESSIONS
Protection of Witnesses
Protection of the Interests of Justice
Protection of confidential information
TRIAL CHAMBER'S CONTROL OVER THE PRESENTATION
OF EVIDENCE
General
Authority to Limit the Length of Time and Number of Witnesses
Pre-trial Delivery of Witness Statements to the Trial Chamber
Witnesses Summoned by Chamber
General
Order and scope of examination
DL JUDGEMENT
X. ADMISSIBILITY OF EVIDENCE
INTRODUCTION
GENERAL PROVISIONS
"A Unique Mixture of Common Law and Civil Law Rules"
"Chambers shall not be bound by National Rules of Evidence"
Application of National Rules of Evidence
"Extensive admissibility" of Evidence
Discretion of the Trial Chamber
Exclusion of Certain Evidence
Relevance and Probative Value
Reliability
Hearsay evidence
DOCUMENTARY EVIDENCE AND INTERCEPTS
Documentary Evidence
General
Relevance andprobative value
Reliability
Authenticity
Other requirements
Rule
Intercepts
WRITTEN STATEMENTS AND EXPERT REPORTS
Admissibility under Rule
General
Discretion of the Trial Chamber
The acts and conduct of the accused
"The acts and conduct of the accused" and modes of responsibility
Factors in favour of admitting evidence under Rule
Statement of a deceased witness
Transcripts
Appearance for cross-examination
Admissibility under Rule
Admissibility of Prior Written Statements
Prior statement of the accused
Witness'prior statement
Relationship between Rules
Expert Reports
Expert witness
Expert's evidence
Difference between Rules
Admissibility of "Will-Say" Statements
Admissibility of Summarising Evidence
FACTS ADMISSIBLE FOR JUDICIAL NOTICE
Judicial Notice
General
Difference between sub-rule
Applicability to appeal proceedings
Facts of Common Knowledge
General
Reasonably indisputable
Adjudicated Facts or Documentary Evidence from Other
Proceedings
General
Conditions for admissibility under Rule 94(B)
Presumption of innocence
Chamber's discretion
Other relevant matters
Differences between adjudicated facts and agreed facts
Documentary evidence
EVIDENCE IN REBUTTAL AND REJOINDER
Rebuttal Evidence
Rejoinder Evidence
ADDITIONAL EVIDENCE ON APPEAL (RULE
General Provisions
Impact of the additional evidence must be specified clearly
A "decisive factor"
Tactical decisions
Applicability to interlocutory appeals
Additional evidence bolstering challenged Trial Chamber's finding
Requirements in General
Admissibility if the Evidence was not Available at Trial
"Due diligence"
Admissibility if the Evidence was Available at Trial
"Gross negligence" as an exception
Additional Evidence (Rule
EVIDENCE OF THE MATERIAL FACTS NOT PLEADED
IN THE INDICTMENT
SOME OTHER TYPES OF EVIDENCE
VOIR
XI. MOTIONS FOR JUDGEMENT OF ACQUITTAL
INTRODUCTION
GENERAL
THE APPLICABLE TEST
Rule
"Could" convict
ХП.
GENERAL
Factors that are Specific to the Functioning of the Tribunal
General Principles
An Application for Provisional Release can be Brought at any Time
Removal of the "Exceptional Circumstances" Requirement from
the Rules
Burden of Proof
Two Express Pre-conditions
Trial Chamber's Discretion
THE RELEVANT FACTORS
General
Seriousness of the Crimes
Governmenťs
The reliability of a guarantee
The degree of cooperation by the state authorities
Position of the accused in the hierarchy
Cooperation with the Prosecution
Circumstances of Surrender
The Thread Posed to Victims and Witnesses
Some Additional Factors
Other Factors
PROVISIONAL RELEASE OF CONVICTED PERSONS PENDING
AN APPEAL
SOME PROCEDURAL MATTERS
MODIFICATION OF THE CONDITIONS OF DETENTION
House Arrest
ХШ.
.INTRODUCTION
GENERAL
DISCRETION OF THE REFERRAL BENCH
RELEVANT FACTORS
Level of Responsibility of the Accused and Gravity of the Crimes
General
Level of responsibility
Gravity of crimes
Compatibility of the Legal System with the Requirements
of Rule
Protective Measures
DETERMINATION OF THE STATE OF REFERRAL
MONITORING MECHANISM
OTHER RELEVANT MATTERS
Laws of Extradition
Applicable Substantive Law
Other Matters
RELEVANT TRIBUNALS AND ICC LAW
Indictment
(ICTY) Rule 2(A):
(ICTR) Rule 2(A): Definitions
(SCSL) Rule 2(A): Definitions
(ICTY) Article
of indictment
(ICTR) Article
of Indictment
(ICC) Article
a warrant of arrest or a summons to appear
(ICTY) Article
(ICTR) Article
(ICC) Article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Rule
(ICTY) Article
(ICTR) Article
(SCSL) Article
(ICC) Article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Rule
(ICC) Rule
confirmation of charges
(ICC) Article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule 72(A)(ii): Preliminary Motions
(ICTR) Rule 72(A)(ii): Preliminary Motions
(SCSL) Rule 72(A)(B)(C): Preliminary Motions
Disclosure
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Rule
witnesses
(ICC) Rule
of the Prosecutor
(ICC) Rule
(ICC) Article
(ICC) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
Relevant Material
(ICTR) Rule
and Other Relevant Material
(SCSL) Rule
(ICTY) Rule
Obligations
(ICC) Article
(ICC) Rule
paragraph
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Rule
(ICC) Rule
information protected under article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule 111: Appellant's Brief
(ICTY) Rule
Variation of the Prosecution's list of witnesses and exhibits
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
Access to evidence
(ICTY) Article
(ICTR) Article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
Production of Documents
Protection of victims and witnesses
(ICTY) Article
of trial proceedings
(ICTY) Article
(ICTY) Rule
and Witnesses
(ICTR) Article
Proceedings
(ICTR) Article
(ICTR) Rule
and Witnesses
(SCSL) Rule
(SCSL) Rule
(SCSL) Rule
Witnesses
(ICC) Article
(ICC) Article
and their participation in the proceedings
(ICC) Rule
(ICC) Rule
Legal
(ICTY) Article
(ICTR) Article
(SCSL) Article
(ICC) Article
(ICC) Rule
hearing
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Rule
(ICTY) Rule
of Counsel
(ICTR) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Rule
for the defence
(ICTY) Rule
(ICTR) Rule
(ICTR) Rule
Interests of Justice
(SCSL) Rule
(SCSL) Rule
(ICC) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
Plea agreement
(ICTY) Rule
(ICTR) Rule
(ICTR) Rule
(ICTY) Rule
(ICTR) Rule
(ICC) Article
(ICC) Rule
Admissibility and presentation of evidence
OCTY)
(ICTR) Article
(ICTR) Article
(ICC) Article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Rule
and testimony
(ICTY) Rule
(ICTR) Rule
(SCSL)
(ICC)
(ICQ
(ICC) Rule
admissibility of evidence
(ICC): Article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC): Article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
of Additional Evidence
(ICTR) Rule
of Additional Evidence
(ICC) Article
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
ÒCTR)
(SCSL) Rule
Video-link testimony and deposition evidence
(ICTY) Rule
ÒCTR)
(SCSL). Rule
(ICTY) Rule
(ICC) Rule
(ICC) Rule
technology
Closed Sessions
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
Judgement
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
(ICC) Article
Motion for Judgement of Acquittal
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
Provisional Release
OCTY)
(ICTR) Rule
(SCSL) Rule
(ICTY) Rule
(ICTR) Rule
(SCSL) Rule
Referral of the indictment to another court
(ICTY) Rule
(ICTR) Rule
TABLE OF CASES
Form of the indictment
Amendment of the indictment
Joinder of accused
Disclosure by the Prosecutor
Variation of the Prosecution's list of witnesses and exhibits
Defence disclosure
Access to protected material in another case
Binding orders and subpoenas
Contacting witnesses of the other party
Protection of victims and witnesses
Legal assistance of counsel
Plea Agreement
Presentation evidence
Delivery of witness statements to the Trial Chamber
Deposition and video-link
Closed Sessions
Judgement
Admissibility of evidence
Judicial notice
Motion for Judgement of Acquittal
Provisional Release
Referral of the indictment to another court
THE AUTHOR |
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| discipline | Rechtswissenschaft |
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| index_date | 2024-07-02T15:18:52Z |
| indexdate | 2024-07-09T20:42:07Z |
| institution | BVB |
| isbn | 9058501574 9789058501578 |
| language | English |
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| spelling | Tochilovsky, Vladimir Verfasser aut Jurisprudence of international criminal courts procedure and evidence Vladimir Tochilovsky Nijmegen Wolf Legal Publ. 2006 XXI, 669 S. CD-ROM txt rdacontent n rdamedia nc rdacarrier Digitalisierung UB Passau application/pdf http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=014919810&sequence=000002&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA Inhaltsverzeichnis |
| spellingShingle | Tochilovsky, Vladimir Jurisprudence of international criminal courts procedure and evidence |
| title | Jurisprudence of international criminal courts procedure and evidence |
| title_auth | Jurisprudence of international criminal courts procedure and evidence |
| title_exact_search | Jurisprudence of international criminal courts procedure and evidence |
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| title_full | Jurisprudence of international criminal courts procedure and evidence Vladimir Tochilovsky |
| title_fullStr | Jurisprudence of international criminal courts procedure and evidence Vladimir Tochilovsky |
| title_full_unstemmed | Jurisprudence of international criminal courts procedure and evidence Vladimir Tochilovsky |
| title_short | Jurisprudence of international criminal courts |
| title_sort | jurisprudence of international criminal courts procedure and evidence |
| title_sub | procedure and evidence |
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