Overview

Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practising international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.

Full Product Details

Author:   Karim A. A. Khan (Barrister, Temple Garden Chambers) ,  Caroline Buisman (Defence legal consultant, International Criminal Court) ,  Chris Gosnell (Defence counsel, International Criminal Tribunal for the Former Yugoslavia)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 18.10cm , Height: 5.50cm , Length: 25.00cm
Weight:   1.706kg
ISBN:  

9780199588923

ISBN 10:   0199588929
Pages:   876
Publication Date:   28 October 2010
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Karim A. A. Khan, Caroline Buisman, and Christopher Gosnell: Preface Judge Daniel David Ntanda Nsereko, President of the Appeals Division, International Criminal Court: Foreword Caroline Buisman, Chris Gosnell and Karim A. A. Khan: Introduction PART I: Antecedents 1: Caroline Buisman, Myriam Bouazdi and Matteo Costi: Civil law Rules of Evidence 2: Peter Murphy and Lina Baddour: International Criminal Law and Common Law Rules of Evidence 3: Vladimir Tochilovsky: The Nature and Evolution of the Rules of Procedure and Evidence 4: Christopher Staker: Interpretive Methodologies and the Use of Precedent in Cases Before International Criminal Courts 5: Christopher Gosnell: The Changing Context of Evidential Rules PART II: Before the Trial Begins 6: Amal Alamuddin: Collection of Evidence 7: Cainnech Lussiaa-Berdou and Kate Gibson: Disclosure of Evidence PART III: The Trial 8: Christopher Gosnell: Admissibility of Evidence 9: Wibke Timmermann and Marc Nerenberg: Documentary Evidence 10: Colleen Rohan: Rules Governing the Presentation of Testimonial Evidence 11: Karim A. A. Khan and Gissou Azarnia: Evidential Privileges 12: Avi Singh: Expert Evidence 13: Colleen Rohan: Reasonable Doubt Standard of Proof in International Criminal Trials 14: Andrew J. Burrow: The Standard of Proof in Pre-Trial Proceedings PART IV: Proof of Facts Other than Through Evidence at Trial 15: Nina Jörgenson: Judicial Notice 16: Inneke Onsea and Linda Bianchi: Additional Evidence on Appeal, Review Proceedings and the Remedy of Reconsideration

Reviews

...meticulous and wide-ranging study...the overall level of detail of the chapters is...commanding * Journal of International Criminal Justice *

<br> This meticulous and wideranging study professes to be both descriptive and critical...Principles is successful in its broad ambitions. Part practitioner text, part academic commentary, it offers a detailed retrospective on the jurisprudence of the ad <br>hoc tribunals and a basis for contemplation -- with a few carefully worded warnings -- of <br>the future development of the law at the ICC. <br>--S. Verrall and M.E. Cross, Journal of International Criminal Justice 9 (2011), 981-983<p><br>

...meticulous and wide-ranging study...the overall level of detail of the chapters is...commanding Journal of International Criminal Justice

Author Information

Karim A. A. Khan is a barrister practising at Temple Garden Chambers, Temple, London, a leading set specialising in national and international criminal law and human rights. He has previously worked as a Senior Crown Prosecutor and at the Law Commission of England and Wales. From 1997-2000 he worked in the Office of the Prosecutor of the United Nations International Criminal Tribunals for the Former Yugoslavia and Rwanda. Since 2000 he has acted in numerous international cases including as lead defence counsel for Charles Taylor before the Special Court for Sierra Leone, before the Special Panels for Serious Crimes in East Timor, and in various cases before the ICTY. He is Lead Counsel to the Darfurian rebel Leader Bahar Idriss Abu Garda, the first person to voluntarily surrender to the ICC. Caroline Buisman has specialised in international criminal law and procedure since 1999. She completed an internship at the Office of the Prosecutor of the ICTY and has subsequently taught courses and seminars dealing with issues arising from international criminal justice, inter alia at Westminster University, London. Since 2002, she has worked in a variety of defence teams in different cases before the ICTR, ICTY, SCSL and currently the ICC. In the course of her work at the international criminal tribunals, Ms Buisman has published a number of articles and chapters in books on the subject of international criminal procedure and evidence and is currently in the completion stage of her PhD on fact-finding methodologies in international criminal justice. Christopher Gosnell is a New York attorney whose principal specialization is international criminal law. He has worked as both a defence counsel and as a prosecutor at the ICTY, and served for several years as a Legal Officer in the Chambers of the ICTR. A former lecturer-in-law at Columbia Law School and law clerk of the Supreme Court of Canada, Mr. Gosnell received law degrees from Oxford, McGill, and Columbia.

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