International Criminal Procedure: The Interface of Civil Law and Common Law Legal Systems

'International Criminal Procedure, edited by two insiders to international criminal proceedings, Professor Linda Carter and Professor Fausto Pocar, a judge at the ICTY and a former President of this Tribunal, is a coherently organized, well-researched, very informative and not the least elegantly-written contribution to a young and rapidly developing legal sub-discipline. The book provides its reader with a highly accessible and up-to date introduction into key elements of international criminal procedure as well as with critical commentary and rich inspiration for improvements of current practices.'- Claus Kreß LL.M. (Cantab.), University of Cologne, Germany and Institute for International Peace and Security Law'This book addresses compelling issues that have come before international criminal tribunals. They include the self-representation of accused persons, plea bargaining and victim participation. It usefully approaches all of the issues and problems from a comparative law perspective. This excellent and accessible work is essential reading for practitioners, faculty and students of international criminal law.'- Richard Goldstone, Retired Justice of the Constitutional Court of South Africa and for Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and for RwandaThe emergence of international criminal courts, beginning with the International Criminal Tribunal for the former Yugoslavia and including the International Criminal Court, has also brought an evolving international criminal procedure. In this book, the authors examine selected issues that reflect a blending of, or choice between, civil law and common law models of procedure. The topics include background on civil law and common law legal systems; plea bargaining; witness proofing; written and oral evidence; self-representation and the use of assigned, standby, and amicus counsel; the role of victims; and the right to appeal.International Criminal Procedure will appeal to academics, students, researchers, lawyers and judges working in the field of international criminal law.Contributors include: G. Acquaviva, L. Carter, H. Garry, S. Horovitz, C.C. Jalloh, M. Maystre, F. Pocar, J.I. Turner

Linda E. Carter

Fausto Pocar

Criminal Law

Edward Elgar Publishing

This treatise is designed to provide an overview of the complex issues surrounding capital punishment. The primary emphasis of Understanding Capital Punishment Law is an explanation of the constitutional law that governs death penalty proceedings in the United States. Understanding Capital Punishment Law is structured in five parts: Overview. These chapters include arguments for and against capital punishment, and an overview of the legal constructs for analysis of Eighth Amendment issues. • –Trial Procedures. This group of chapters covers the constitutional issues that have shaped the process into a guilt phase and a penalty phase: aggravating circumstances, mitigating circumstances, and a decision on death or life. Topics include categorical bars to the death penalty, such as mental retardation; the function of aggravating evidence to narrow the group of death-eligible defendants; the presentation of aggravating evidence, such as victim-impact evidence; the function of mitigating evidence to provide for individualized consideration of the defendant; the presentation of mitigating evidence; and the decision process, including the distinction between weighing and non-weighing states and life without parole instructions. • –Post-Trial Procedures. These chapters include direct appeal; habeas corpus, with an emphasis on ineffective assistance of counsel and innocence claims; clemency; and death row issues of insanity and the death row phenomenon. Systemic Issues. Pervasive issues of race and gender discrimination are covered as well as the constitutional and practical problem of 'volunteers' for the death penalty. Additionally, there is a chapter that explains and describes international treaty issues in capital cases. Future Issues. A final chapter looks at issues that are likely to arise in future death penalty cases, including the constitutionality of executing juveniles and the effect of terrorism on death penalty law.

Understanding Capital Punishment Law

Ellen S. Kreitzberg

Scott W. Howe

LexisNexis

The International Criminal Court in an Effective Global Justice System

This book analyzes the interactions of international criminal tribunals established since the 1990s with international, national and regional bodies, making recommendations for the International Criminal Court (ICC) as it goes forward. Placing the core issues within the statutory framework of the Rome Statute and major policy considerations, the authors examine ways in which the ICC can best coordinate with other accountability mechanisms on national and regional prosecutions, the UN Security Council, cooperation on the enforcement of arrest warrants, national non-judicial processes and amicus briefs from non-governmental organizations (NGOs).This timely evaluation of the experiences of the ad hoc international criminal tribunals spotlights the legal, political and coordination issues that will likely impact the ICC's current mandate to adjudicate core international crimes. It explores how governments, inter-governmental bodies and global civil society might best collaborate to strengthen national capacity to investigate and prosecute atrocity crimes in pursuit of global justice. The book also considers the challenge of state cooperation with international criminal tribunals, identifying lessons for the ICC, while emphasizing the need for positive complementarity between the emerging African Criminal Court and the ICC. Lawyers, judges, NGOs, government officials, academics, and policy makers at all levels will value this book as an important resource on transitional justice and the place of justice in the aftermath of conflict and mass atrocity.

Mark S. Ellis

Charles Chernor Jalloh

Foreign & International Law

Edward Elgar Pub

This book analyzes the interactions of international criminal tribunals established since the 1990s with international, national and regional bodies, making recommendations for the International Criminal Court (ICC) as it goes forward. Placing the core issues within the statutory framework of the Rome Statute and major policy considerations, the authors examine ways in which the ICC can best coordinate with other accountability mechanisms on national and regional prosecutions, the UN Security Council, cooperation on the enforcement of arrest warrants, national non-judicial processes and amicus briefs from non-governmental organizations (NGOs).
This timely evaluation of the experiences of ad hoc international criminal tribunals spotlights the legal, political and coordination issues that will likely impact the ICC’s current mandate to adjudicate core international crimes. It explores how governments, inter-governmental bodies and global civil society might best collaborate to strengthen national capacity to investigate and prosecute atrocity crimes in pursuit of global justice. The book also considers the challenge of state cooperation with international criminal tribunals, identifying lessons for the ICC, while emphasizing the need for positive complementarity between the emerging African Criminal Court and the ICC. 
Lawyers, judges, NGOs, government officials, academics and policymakers at all levels will value this book as an important resource on transitional justice and the place of justice in the aftermath of conflict and mass atrocity.

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Books by Linda E. Carter