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International Criminal Procedure and Disclosure

An Attempt to Better Understand and Regulate Disclosure and Communication at the ICC on the Basis of a Comprehensive and Comparative Theory of Criminal Procedure

Heinze, Alexander

International Criminal Procedure and Disclosure

International Criminal Procedure and Disclosure

An Attempt to Better Understand and Regulate Disclosure and Communication at the ICC on the Basis of a Comprehensive and Comparative Theory of Criminal Procedure

International Criminal Procedure and Disclosure

 

»International Criminal Procedure and Disclosure« analyses the different interpretations of disclosure rules at the International Criminal Court (ICC) and introduces a new disclosure regime, where the parties will be able to actually foresee the consequences of their conduct (i.e.


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Beschrijving International Criminal Procedure and Disclosure

»International Criminal Procedure and Disclosure« analyses the different interpretations of disclosure rules at the International Criminal Court (ICC) and introduces a new disclosure regime, where the parties will be able to actually foresee the consequences of their conduct (i.e. non-disclosure). Through a critical case law analysis Heinze illustrates that an inconsistent classification of the nature of the ICC-process has - via the application of a contextual interpretation - a direct impact on decisions about concrete procedural issues, of which disclosure is the most prominent example. For this very reason Heinze re-classifies the ICC-process and concludes that the ICC is a hierarchically structured international organisation with a »policy-implementing« form of procedure, that nevertheless contains adversarial elements usually found in a system of coordinate authority with a »conflict-solving« form of justice. This classification serves as a »general jurisprudence« in its technical sense, which enables the Judges to conduct a coherent contextual interpretation. The book thereby establishes a connection between legal theory, philosophy, sociology and comparative law on the one hand and a highly relevant procedural question on the other hand.


ISBN
9783428143436
Pagina's
599
Verschenen
NUR
824
Druk
1
Uitvoering
Paperback / softback
Taal
Engels
Uitgever
Duncker & Humblot