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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Blackstone's International Criminal Practice

Edited by: John R. W. D. Jones, Misa Zgonec-Rozej

ISBN13: 9780198749332
To be Published: October 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £295.00



Blackstone's International Criminal Practice is the definitive guide to the practice of the international criminal courts, tribunals and relevant domestic practice.

This one volume, readily accessible guide provides practitioners with everything they need to ensure their case goes smoothly in the tribunal or court. This book contains comprehensive analysis of the practice, procedure, and substantive application of international criminal law. It covers the practice of all major international and internationalised criminal courts with primary focus on the International Criminal Court but also includes coverage of war crimes tribunals established for the former Yugoslavia and Rwanda, Lebanon, Sierra Leone, Cambodia, and for other conflict zones.

The text analyses relevant jurisprudence and key practice before the domestic courts including the development of the principle of universal jurisdiction and related sections on extradition and mutual legal assistance. A team of expert authors and editors provide in-depth commentary on the establishment and organisation of the international and internationalised criminal courts and related jurisdictional issues. The book also provides analysis of the substantive crimes under international criminal law and the various forms of criminal liability and available defences. It comprehensively sets out the procedural and evidentiary rules applicable in international criminal proceedings with a focus on the current application of these rules.

This book also includes detailed analysis of the various rights of the accused; the protection, and participation, of victims and witnesses and the role of states in providing international co-operation and judicial assistance. With expert analysis of the substantive, as well as the procedural and evidential aspects of international criminal proceedings, this book will sit alongside Blackstone's Criminal Practice as an indispensable resource for criminal practitioners.

Subjects:
International Criminal Law, Courts and Procedure
Contents:
PART A: SUBSTANTIVE LAW ON INTERNATIONAL CRIMES
A1 Genocide
A2 Crimes against humanity and requirement organisational policy
A3 War crimes
A4 The crime of aggression
A5 Torture
A6 Terrorism
A7 Piracy
A8 Slavery
A9 Apartheid
A10 Extrajudicial killings
A11 Enforced disappearances
A12 Crimes of sexual violence

PART B: FORMS OF INDIVIDUAL CRIMINAL RESPONSIBILITY
B1 Introduction
B2 Inchoate crimes
B3 Direct and indirect perpetration/commission/committing
B4 Co-perpetration (Article 25(3)(a) of the ICC Statute)/joint commission
B5 Common purpose liability: joint criminal enterprise
B6 Common purpose liability: liability under Article 25(3)(d) of the ICC Statute
B7 Planning
B8 Instigating, ordering, soliciting, inducing
B9 Aiding and abetting or otherwise assisting
B10 Superior responsibility
B11 The resolution of concurrent responsibilities: cumulative charges, cumulative convictions

PART C: GROUNDS FOR EXCLUDING CRIMINAL RESPONSIBILITY
C1 Introduction
C2 Amnesties, minority, non-applicability of status of limitations
C3 Immunities/irrelevance of official capacity
C4 Alibi, mistake of fact or mistake of law, consent
C5 Defences: mental disease or defect, intoxication, necessity, duress, superior orders
C6 Defences: self-defence, defence of others
C7 Non-statutory defences: belligerent reprisal, tu quoque, military necessity

PART D: INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS
D1 Early attempts, Nuremberg, Tokyo
D2 ICTY
D3 ICTR
D4 MICT
D5 The ICC
D6 Mixed or Internationalised Criminal Courts of Tribunals: SCSL
D7 Mixed or Internationalised Criminal Courts of Tribunals: ECCC
D8 Mixed or Internationalised Criminal Courts of Tribunals: STL
D9 East Timor: The Serious Crimes Panels

PART E: INTERNATIONAL CRIMINAL PROCEEDINGS
E1 Introduction
E2 General principle of criminal law
E3 Rights of the accused
E4 Admissibility/jurisdiction
E5 Law/rules of evidence
E6 Evidence in cases of sexual assault
E7 Production of evidence/disclosure
E8 Investigation
E9 Pre-trial
E10 Trial phase: conduct of trial proceedings, structure of the trial (opening statements, order of presentation of evidence, closing argument)
E11 Trial phase: structure of uncontested trial, judicial powers during trial proceedings (fact finding, control over the sequence of case presentation)
E12 Trial phase: judgment of acquittal at the end of the Prosecution case, deliberations and judgement, Trial Chamber s general duty to ensure the integrity of the proceedings
E13 Trial phase: sanctions for misconduct before the Court/control of proceedings (Rule 80 ICTY)
E14 Trial phase: power to change the legal characterisation of facts (Rule 55 of the Rome Statute)
E15 Trial phase: judges excusal/disqualifications
E16 Sentencing
E17 Appeal
E18 Admission of additional evidence on appeal
E19 Interlocutory appeals
E20 Review/revision/reconsideration
E21 Compensation to an arrested or convicted person
E22 Amicus curiae
E23 Defence issues

PART F: VICTIMS AND WITNESSES
F1 Definition of victims, the status of victims
F2 Protection of victims and witnesses
F3 Participation of victims in the proceedings
F4 Reparations to victims, general assistance to victims

PART G: INTERNATIONAL COOPERATION AND JUDICIAL ASSISTANCE
G1 Cooperation with the ICTY
G2 Cooperation with the ICTR
G3 Cooperation with the MICT
G4 Cooperation with the mixed tribunals: SCSL
G5 Cooperation with the mixed tribunals: ECCC
G6 Cooperation with the mixed tribunals: STL
G7 Cooperation with the ICC

PART H: OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
H1 Punishable acts
H2 Procedural aspects

PART I: INTERNATIONAL CRIMES IN DOMESTIC COURTS/PROSECUTION
I1 Mandate and jurisdiction
I2 Practice before domestic courts
I3 Limits to national prosecutions: amnesty, pardon, statutes of limitations
I4 Limits to national prosecutions: immunities
I5 Aut dedere aut judicare
I6 Victims of international crimes in domestic proceedings
I7 State cooperation with respect to national proceedings