This book provides an in-depth examination of the judicial response at the international criminal tribunals (ICTs) to the violation of procedural standards in the pre-trial phase of proceedings. It does so against the backdrop of the assumption that certain particularities of international criminal proceedings may warrant a different approach to the matter than at the national level.
By reference to relevant human rights standards and to national criminal procedure, as well as to theoretical accounts of the judicial response to pre-trial procedural violations, this book assesses the ICTs’ law and practice in this regard, thereby identifying points of concern and making suggestions for improvement. In doing so, it considers the most suitable rationale for responding to procedural violations committed in the pre-trial phase of international criminal proceedings and the merits of judicial discretion in this context, as well as the impact of certain particularities of such proceedings on the determination of how to address procedural violations.
The book is intended for academics and practitioners in the field of (international) criminal law who want to gain a deeper understanding of the possible impact of pre-trial procedural violations on criminal proceedings.
Kelly Pitcher is Assistant Professor of Criminal Law and Criminal Procedure at Leiden University in The Netherlands.
Specific to this book:
- Examines the law and practice of the international criminal tribunals from the perspective of the possible judicial responses to pre-trial impropriety as well as from the perspective of specific types of pre-trial impropriety, thereby providing a fuller picture of such law and practice.
- Subjects the law and practice of the international criminal tribunals to rigorous analysis, by reference to relevant human rights standards as well as to national criminal procedure, with due regard for theoretical accounts of the judicial response to pre-trial procedural violations, i.e. the rationales for responding thereto, and for certain particularities of international criminal proceedings.
- In considering the rationales for responding to pre-trial procedural violations and the factors to which the international criminal tribunals have attached significant importance, providing practical guidance on how to confine and structure the discretion of judges to attach certain legal consequences to pre-trial impropriety.
Excerpt from a book review:
Pitcher has conducted a very structured, clearly delimitated, thorough and interesting research, presented in clear English. As regards certain issues a different view is also very well possible, but Pitcher deserves a big compliment for her clear vision, which will undoubtedly contribute to further theorisation on this intriguing topic. Moreover, her research, besides vision, also provides the necessary practical tools to judges working at the international criminal tribunals, who will need to (continue) address(ing) the difficult question how to respond to procedural violations commmitted in the pre-trial phase of international criminal proceedings.
- Christophe Paulussen, Senior researcher in international law, T.M.C. Asser Instituut, The Hague, The Netherlands
Published in: International Criminal Law Review 19 (2019) 347-372, Brill/Nijhoff
For the full review, see: https://brill.com/view/journals/icla/19/2/article-p347_347.xml?rskey=vxLU1F&result=1
This is Volume 16 in the International Criminal Justice Series