International Criminal Procedure: Clash Of Legal Cultures, A

Description:
The procedures used by international criminal courts blend elements of civil law and common law procedures. This mixture causes disputes between civil and common law lawyers which are hard to resolve while the disputants remain philosophically bound by the premises of their native legal systems. As these disputes frequently arise in the everyday practice of the international criminal courts, this book applies a systematic method of contextual legal comparison and a focus on characteristics of international criminal trials which may help to overcome the civil law-common law divide. This book will be of great interest for scholars and practitioners working in international criminal law and is a most valuable point of reference for practitioners at the ICC now and in the future.

Table of Contents:
Part I: INTRODUCTION A. The Debate Between Civil Law and Common Law Lawyers in International Criminal Procedure B. About this Study Part II: NATIONAL PROCEDURAL LAW A. Disclosure Rules B. Evidence Rules C. The Role of the Judge and the Question of a Dossier D. Guilty Pleas and Plea-Bargaining Part III: PROCEDURAL LAW OF THE ICTY A. Disclosure Rules B. Evidence Rules C. The Role of the Judge and the Question of a Dossier D. Guilty Pleas and Plea-Bargaining E. Evaluation of the Rules of the ICTY -- The Results of the Comparative Study of Domestic ICTY Procedure in a Nutshell Part IV: PROCEDURAL LAW OF THE ICC A. Disclosure Rules B. Evidence Rules C. The Role of a Judge and the Question of a Dossier D. Admission of Guilt and Bargaining Part V: CONCLUDING REMARKS Bibliography Table of Cases Legal Materials Other Relevant Materials Index

Author Biography:
Christine Schuon is an Associate Legal Officer in the Trial Chambers of the International Criminal Tribunal for the Former Yugoslavia in The Hague, The Netherlands.