When Slobodan Milo¡evic died in the United Nations Detention Unit in The Hague, many feared that international criminal justice was experiencing some sort of death itself. This book, written by the senior legal advisor working for the Trial Chamber, analyses the trial to determine what lessons can be learnt that will improve the fair and expeditious conduct of complex international criminal proceedings brought against former heads of state and senior political and military officials, and develops reforms for the future achievement of best practice in international criminal law.
When Slobodan Milo¡evic died in the United Nations Detention Unit in The Hague, many feared that international criminal justice was experiencing some sort of death itself. This book, written by the senior legal advisor working for the Trial Chamber, analyses the trial to determine what lessons can be learnt that will improve the fair and expeditious conduct of complex international criminal proceedings brought against former heads of state and senior political and military officials, and develops reforms for the future achievement of best practice in international criminal law.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Gideon Boas was the senior legal advisor to the Chamber on the Milöevic case. He is now a Senior Fellow at the Asia Pacific Centre for Military Law, University of Melbourne, a Sessional Lecturer at Monash University, and a Senior Consultant at Potter Farrelly and Associates.
Inhaltsangabe
Introduction; Part I. Fair and Expeditious International Criminal Trials: 1. Introduction; 2. Fair trial rights; 3. Expeditious trials; 4. Application and interpretation of human rights by the ICTY; Part II. The Prosecution Case in Milosevic - Getting Off on the Wrong Foot: 5. Content and scope of the Milosevic indictments; 6. Pleading practice and problems with the Milosevic indictments; 7. Joinder of the Milo evic indictments; 8. Rule 98bis (judgement of acquittal) decision; 9. Conclusion; Part III. Case Management Challenges in the Milo evic Trial: 10. Managing the Milo evic case; 11. Case management principles in national and international criminal law; 12. Conclusion; Part IV. Representation and Resource Issues in the Milosevic Case: 13. Self-representation in international criminal law - limitations and qualifications on that right; 14. Resources and facilities available to Milosevic; 15. Conclusion; Part V. Conclusions: 16. The prosecution case must be focused, comprehensible and manageable; 17. The future of case management in complex international criminal law cases; 18. Managing resource and representation issues in complex international criminal law cases; 19. The need for a new appellate jurisdiction for international criminal law; 20. After Milosevic: the future of complex international criminal trials.Introduction --Part I. Fair and Expeditious International Criminal Trials: 1. Introduction --2. Fair trial rights --3. Expeditious trials --4. Application and interpretation of human rights by the ICTY --Part II. The Prosecution Case in Milo¡evic - Getting Off on the Wrong Foot -- 5. Content and scope of the Milo¡evic indictments -- 6. Pleading practice and problems with the Milo¡evic indictments -- 7. Joinder of the Milosevic indictments -- 8. Rule 98bis (judgement of acquittal) decision -- 9. Conclusion - Part III. Case Management Challenges in the Milosevic Trial -- 10. Managing the Milosevic case -- 11. Case management principles in national and international criminal law -- 12. Conclusion - Part IV. Representation and Resource Issues in the Milo¡evic Case -- 13. Self-representation in international criminal law - limitations and qualifications on that right -- 14. Resources and facilities available to Milosevic -- 15. Conclusion - Part V. Conclusions -- 16. The prosecution case must be focused, comprehensible and manageable -- 17. The future of case management in complex international criminal law cases -- 18. Managing resource and representation issues in complex international criminal law cases -- 19. The need for a new appellate jurisdiction for international criminal law -- 20. After Milo¡evic: the future of complex international criminal trials.
Introduction; Part I. Fair and Expeditious International Criminal Trials: 1. Introduction; 2. Fair trial rights; 3. Expeditious trials; 4. Application and interpretation of human rights by the ICTY; Part II. The Prosecution Case in Milosevic - Getting Off on the Wrong Foot: 5. Content and scope of the Milosevic indictments; 6. Pleading practice and problems with the Milosevic indictments; 7. Joinder of the Milo evic indictments; 8. Rule 98bis (judgement of acquittal) decision; 9. Conclusion; Part III. Case Management Challenges in the Milo evic Trial: 10. Managing the Milo evic case; 11. Case management principles in national and international criminal law; 12. Conclusion; Part IV. Representation and Resource Issues in the Milosevic Case: 13. Self-representation in international criminal law - limitations and qualifications on that right; 14. Resources and facilities available to Milosevic; 15. Conclusion; Part V. Conclusions: 16. The prosecution case must be focused, comprehensible and manageable; 17. The future of case management in complex international criminal law cases; 18. Managing resource and representation issues in complex international criminal law cases; 19. The need for a new appellate jurisdiction for international criminal law; 20. After Milosevic: the future of complex international criminal trials.Introduction --Part I. Fair and Expeditious International Criminal Trials: 1. Introduction --2. Fair trial rights --3. Expeditious trials --4. Application and interpretation of human rights by the ICTY --Part II. The Prosecution Case in Milo¡evic - Getting Off on the Wrong Foot -- 5. Content and scope of the Milo¡evic indictments -- 6. Pleading practice and problems with the Milo¡evic indictments -- 7. Joinder of the Milosevic indictments -- 8. Rule 98bis (judgement of acquittal) decision -- 9. Conclusion - Part III. Case Management Challenges in the Milosevic Trial -- 10. Managing the Milosevic case -- 11. Case management principles in national and international criminal law -- 12. Conclusion - Part IV. Representation and Resource Issues in the Milo¡evic Case -- 13. Self-representation in international criminal law - limitations and qualifications on that right -- 14. Resources and facilities available to Milosevic -- 15. Conclusion - Part V. Conclusions -- 16. The prosecution case must be focused, comprehensible and manageable -- 17. The future of case management in complex international criminal law cases -- 18. Managing resource and representation issues in complex international criminal law cases -- 19. The need for a new appellate jurisdiction for international criminal law -- 20. After Milo¡evic: the future of complex international criminal trials.
Rezensionen
'... Mr Boas's criticism proceeds from an analysis that is both expert and from the inside: he was the senior legal adviser to the trial judges, sitting in court for four years, from the day on which the prosecution opened to the day on which the trial collapsed. He shows the trial's failings, precisely and irrefutably, and his insight must inform and instruct the future development of international justice. The lessons he draws will be pondered in other courts trying truculent defendants, most notably in the International Criminal Court now taking shape in The Hague.' Geoffrey Robertson QC
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