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Vol 24 No 9 Sept/Oct 2019

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The Anti-Suit Injunction

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Secondhand & Out of Print

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Archbold International Criminal Courts: Practice, Procedure & Evidence 5th ed isbn 9780414067585

Archbold International Criminal Courts: Practice, Procedure & Evidence 4th ed

Edited by: Rodney Dixon, Karim A. A. Khan

ISBN13: 9780414028579
New Edition ISBN: 9780414067585
Previous Edition ISBN: 9781847037923
Published: January 2014
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

Archbold International provides comprehensive guidance on the practice, procedure, and rules of evidence applicable to all international criminal courts.

Covering the ICTY/ICTR/ICC/ECCC, UN Special Courts for the prosecution of serious International crimes in Sierra Leone, Cambodia and Lebanon, it supplies practitioners with everything they need to work effectively before these bodies.

  • Sets out the procedure of the ICC and international tribunals
  • Advises on how to prepare for cases and directly participate in trial proceedings
  • Details how to manage specific offences such as crimes against humanity, crimes of aggression, and genocide
  • Explains the structure of the courts and the powers they have
  • Covers both pre trial and trial procedure
  • Explains what is and is not admissible as evidence
  • Deals with sentencing, appeals and Legal Aid
  • Covers the emerging field of victim participation and reparation
  • Incorporates recent developments from these bodies, including the Charles Taylor case, the first case law from the Cambodia courts and new case law on evidence and procedure

International Criminal Law, Courts and Procedure

Establishment and Jurisdiction of the courts and sources of law
Historical Background
Applicable Law
AD Hoc International Criminal Tribunals
UN Special Courts
Lockerbie Precedent

Structure of the courts
UN Special Courts

Powers of the Courts
Powers of coercion
Powers of Co-operation under the ICC statute
UN Special Courts

Principles of Interpretation
Statutory Provisions
Principles if Interpretation

Statutory Provisions
Confirmation of Indictments
Form of Indictments
Amendments of Indictments
Withdrawal of Indictments

Pre-trial Procedure
Orders and warrants
Preliminary proceedings

Trial Procedure
Case presentation
Rights of the accused
Protection of witnesses and victims

Rules of Evidence
General rules
Rules of admissibility
Exclusion of evidence
Powers of trial chambers
Expert testimony

Forms of Participation in Offences
Statutory provisions
Direct forms of participation
Superior responsibility
Charging different forms of participation

War crimes
Statutory provisions
Definition of war crimes
ICC elements
Jurisdictional prerequisites
Grave breaches of the Geneva Conventions
Violations of the laws and customs of war

Crimes against humanity
Statutory provisions
Elements of the office
Enumerated Offences
Charging crimes against humanity
Considerations of proof

Statutory Provisions
Elements of the Offence
Acts of genocide
Punishable forms of participation
Charging genocide

Crimes of Aggression
Statutory Provisions
UN Definition
Nuremburg Definition
Elements of the Offence

Contempt, Offences against the Administration of Justice and Removal from office
Statutory Provisions
Misconduct by high officials of the court

Defences and procedural bars of jurisdiction
Statutory Provisions
Procedural bars of jurisdiction
Specific Defences
Rejected Defences

Sentencing, Compensation, restitution & imprisonment
Sentencing, Statutory Provisions
Available penalties
The aims of sentencing
Factors in determining sentence
Plea agreements
Compensation to an arrested or convicted person: Statutory provision
Summary: Compensation to an arrested or convicted person
Imprisonments, review and commutation of sentence
Summary: imprisonment, review and commutation of sentence

Appeals and Reviews
Statutory Provisions
Interlocutory Appeals

Appeals post Judgement

Legal Aid and Defence Counsel Matter
Basic Information
Qualification required for counsel
Assignment of counsel
Payment systems for assigned Counsel and Defence Teams
Presenting the case in the courtroom
The client in detention
Professional bodies
Referrals to the Region under Rule 11bis