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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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National Security and International Criminal Justice

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ISBN13: 9789041118165
ISBN: 9041118160
Published: December 2003
Publisher: Brill Academic Publishers
Format: Hardback
Price: £134.00

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One of the main problems of the International Ad hoc tribunals in The Hague and Arusha concerns the conflict between national security and secrecy interests of sovereign states arising in legal proceedings as a result of evidence interests and the court hearing in the case. While an International Criminal Court cannot succeed without the necessary competence for gathering evidence, it can also not succeed if it fails to take account of legitimate national security interests.;These articles deal with this controversy from the point of view of comparative law and legal politics. The topics covered focus on experiences and decisions from the practice of both ad hoc tribunals, as well as political and legal discussions relating to the Statute and Rules of Procedure and Evidence of the permanent Internaional Criminal Court.

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National security and protection of the state in national and international criminal procedure - systematic and comparative aspects, H. Roggemann; official privileges - state security and the right to a fair trial in the USE, S.C. Thaman; testimonial evidence in criminal trials excluded for reasons of national security, affairs of state and public interest under Croatian criminal procedural law, D. Krapac; security interests of the community of states, basis and justification of an international criminal jurisdiction versus ""protection of national security information"", Article 72 Roman Statute, O. Triffterer; ""The dangers of the politicisation of international justice"" or quis custodiet ipsos custodies? J. Laughland; national state and international criminal justice - how much sovereignty has to be transferred? N. Gillhoff; national security interests and the rights of the accused, W.A. Schabas; protection of national security information in the ICC - a guide to article 72 of the Rome Statute, H.-J. Behrens; state security obtaining evidence independent by the defense, A. Klip; the legal road to the resolution of conflict of interests between the ICTY and states - the example of Croatia, I. Josipovi; the power of international criminal tribunals to produce evidence, M. Neuner; state security interests in the French extradition procedure, G. Haas; the national state security exception clause of Article 55 of the Schengen II Convention and Article 2 of the EC Convention on Double Jeopardy, L. Hein.