Judicial Responses To Pre-trial Procedural Violations In International Criminal Proceedings (international Criminal Justice Series)
by Kelly Pitcher /
2017 / English / PDF
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This book provides an in-depth examination of the judicial
response at the international
This book provides an in-depth examination of the judicial
response at the international
criminal tribunals (ICTs) to the violation of procedural
standards in the
criminal tribunals (ICTs) to the violation of procedural
standards in the
pre-trial phase of proceedings. It does so against the backdrop
of the assumption that
pre-trial phase of proceedings. It does so against the backdrop
of the assumption that
certain particularities of international criminal proceedings
may warrant a different
certain particularities of international criminal proceedings
may warrant a different
approach to the matter than at the national level.
approach to the matter than at the national level.
By reference to relevant human rights standards and to national
criminal procedure,
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,
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 identifying
this book assesses the ICTs’ law and practice in this regard,
thereby identifying
points of concern and making suggestions for improvement. In
doing so, it considers
points of concern and making suggestions for improvement. In
doing so, it considers
the most suitable rationale for responding to procedural
violations committed in the
the most suitable rationale for responding to procedural
violations committed in the
pre-trial phase of international criminal proceedings and the
merits of judicial discretion
pre-trial phase of international criminal proceedings and the
merits of judicial discretion
in this context, as well as the impact of certain
particularities of such proceedings
in this context, as well as the impact of certain
particularities of such proceedings
on the determination of how to address procedural violations.
on the determination of how to address procedural violations.
The book is intended for academics and practitioners in the
field of (international)
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 of
criminal law who want to gain a deeper understanding of the
possible impact of
pre- trial procedural violations on criminal proceedings.
pre- trial procedural violations on criminal proceedings.Kelly Pitcher
Kelly Pitcher is Assistant Professor of Criminal Law and
Criminal Procedure at Leiden
is Assistant Professor of Criminal Law and
Criminal Procedure at Leiden
University in The Netherlands.
University in The Netherlands.
