书目名称 | The Accusation Model Before the International Criminal Court |
副标题 | Study of Convergence |
编辑 | Hanna Kuczyńska |
视频video | |
概述 | Examines the prosecution model used before the ICC from a comparative point of view.Highlights elements of the prosecution model used in four different countries and before the ad hoc tribunals and th |
图书封面 |  |
描述 | This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland. The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor’s independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor’s discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor’s choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before t |
出版日期 | Book 2015 |
关键词 | Ad hoc tribunals; ICTR; ICTY; International Criminal Court; International criminal procedure; Judicial sy |
版次 | 1 |
doi | https://doi.org/10.1007/978-3-319-17626-0 |
isbn_softcover | 978-3-319-36738-5 |
isbn_ebook | 978-3-319-17626-0 |
copyright | Springer International Publishing Switzerland 2015 |