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  • Hart Publishing, Oxford - Good books for lawyers
    comprehensive study of the law governing professional misconduct by defence lawyers before the International Criminal Court The ICC s regulatory regime was introduced in response to instances of misconduct experienced by other international and domestic criminal courts The book first turns to how the ICC s forerunners the International Criminal Tribunals for the former Yugoslavia and Rwanda and the Special Court for Sierra Leone coped with misconduct often resulting in controversy The book also looks at the approaches that have evolved in Germany and the United States reflecting the different role of defence lawyers in the civil and common law criminal justice traditions The book offers a unique insight into the professional responsibilities of defence lawyers within the various international and national regimes Offering practical guidance on disciplinary systems and other sanctioning mechanisms it also explores the inherent tension at the heart of the defence lawyer s role to ensure the human right to a fair trial we want them to be zealous advocates for their clients at the same time we ask them to commit themselves as officers of the court Till Gut formerly of the University of Cologne is a lawyer in the extradition and mutual legal assistance

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849463171 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Historiography First Edition Bjà rn Elberling It is often said that criminal procedure should ensure that the defendant is a subject not just an object of proceedings This book asks to what extent this can be said to be true of international criminal trials The first part of the book aims to find out the extent to which defendants before international criminal courts are able to take an active part in their trials It takes an in depth look at the procedural regimes of international courts viewed against a benchmark provided by national provisions representing the main traditions of criminal procedure and by international human rights law The results of this comparative endeavour are then used to shed light from a practical point of view on the oft debated question whether international criminal trials should be used as a tool for writing history or whether as claimed by Martti Koskenniemi pursuing this goal leads to a danger of show trials Bj rn Elberling is an attorney in private practice in Kiel specialising in criminal defence media law and migration law He is a former Research Fellow at the Walther Sch cking Institute of International Law University of Kiel Hardback August

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462662 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    War Crimes Chamber for Bosnia and Herzegovina the Iraqi High Tribunal and the Special Tribunal for Lebanon The Special Panels for Serious Crimes in East Timor suspended operation in May 2005 although there continues to be some international involvement in investigation and prosecution of serious crimes Suggestions have also been made that this model of tribunal would be appropriate for the prosecution of atrocities committed in among others Burundi the Sudan the Democratic Republic of Congo Kenya and Liberia as well as for a wider range of international crimes most recently piracy The key aims of this book are to place the model of hybrid and internationalised tribunals in the context of other mechanisms to try international crimes to examine the increasing demand for the establishment of hybrid and internationalised judicial institutions and the factors driving such demand to define the category of hybrid and internationalised tribunals by examining the key features of the existing and proposed hybrid or internationalised tribunals as well as the features of those institutions with international elements that are generally excluded from this category to determine the legal and jurisdictional bases of existing hybrid and internationalised tribunals to analyse how the legal and jurisdictional basis of a tribunal affects other issues such as the applicable law the application of amnesties and immunities and the relationship of the tribunal with the host state third states national courts and other international criminal tribunals The book concentrates on the definitional legal and jurisdictional aspects of hybrid and internationalised criminal tribunals as this has been the subject of some confusion in arguments before the tribunals and in the judgments of the tribunals In its concluding section the book examines the future role of internationalised and hybrid criminal tribunals particularly in light of the establishment of the ICC and the

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136721 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    have taken place including in EU criminal law and especially in mutual assistance and substantive criminal law the reconstruction of Eurojust and Europol through recent Regulations and Memoranda of Cooperation and the entry into force of the Lisbon Treaty The authors advance the view that OLAF s current legal framework must address these issues adequately The approach they take is multi disciplinary OLAF is examined here through the prisms of EU politics and national European and to some extent comparative law focusing not only on the identification of current problems in regulation and procedure but also on its positioning within the context of European integration Operational issues are then extensively discussed making this a book for practitioners as well as policy makers and academics The book addresses the theoretical and practical aspects of anti fraud actions within both criminal and civil aspects of public law Although OLAF works within an incomplete EU legal framework and with varying cooperation by national authorities its staff have devised mechanisms that address some of these issues Nevertheless rules covering procedural and operational issues will need to be safeguarded within future legislation Constantin Stefanou is a Senior Lecturer at the Institute of Advanced Legal Studies

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841137919 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    by senior political and military leaders Nevertheless the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions For these reasons international criminal law has placed special emphasis on the development of concepts such as control of the crime and joint criminal enterprise also known as the common purpose doctrine which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have in recent years played a unique role in the achievement of this goal Hector Olasolo is Professor of International Criminal Law and Procedure at Utrecht University and Chairman of the Iberoamerican Institute of the Hague for Peace Human Rights and International Justice IIH LLM Columbia University PhD in Law Salamanca University Former Legal Officer in Chambers at the International Criminal Court 2004 2009 Former member of the Legal Advisory and Appeal Sections of the Office of the Prosecutor of the International Criminal Tribunal for the Former Yugoslavia 2002 2004 Former member of the Spanish Delegation to the International Criminal Court Preparatory Commission 1999 2002 The author has written the books entitled Corte Penal Internacional D nde Investigar Tirant lo Blanch 2003 The Triggering Procedure of the International Criminal Court Brill Publishers 2005 Ataques contra Personas y Bienes Civiles y Ataques Desproporcionados Tirant lo Blanch 2006 Unlawful Attacks in Combat Situations Brill Publishers 2007 Terrorismo Internacional y Conflicto Armado Tirant lo Blanch 2008 and Ensayos sobre la Corte Penal Internacional

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460903 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    in motion by senior political and military leaders Nevertheless the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions For these reasons international criminal law has placed special emphasis on the development of concepts such as control of the crime and joint criminal enterprise also known as the common purpose doctrine which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have in recent years played a unique role in the achievement of this goal Hector Olasolo is Professor of International Criminal Law and Procedure at Utrecht University and Chairman of the Iberoamerican Institute of the Hague for Peace Human Rights and International Justice IIH LLM Columbia University PhD in Law Salamanca University Former Legal Officer in Chambers at the International Criminal Court 2004 2009 Former member of the Legal Advisory and Appeal Sections of the Office of the Prosecutor of the International Criminal Tribunal for the Former Yugoslavia 2002 2004 Former member of the Spanish Delegation to the International Criminal Court Preparatory Commission 1999 2002 The author has written the books entitled Corte Penal Internacional D nde Investigar Tirant lo Blanch 2003 The Triggering Procedure of the International Criminal Court Brill Publishers 2005 Ataques contra Personas y Bienes Civiles y Ataques Desproporcionados Tirant lo Blanch 2006 Unlawful Attacks in Combat Situations Brill Publishers 2007 Terrorismo Internacional y Conflicto Armado Tirant lo Blanch 2008 and Ensayos sobre la Corte

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136950 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    markedly from the system which is most often used in Anglophone writing as a civil law comparison the French law German criminal law is a code based model and has been for centuries The influence of academic writing on its development has been far greater than in the judge oriented common law models The book will serve as a useful aid to debates about codification efforts in countries that are mostly based on a case law system but who wish to re structure their law in one or several criminal codes The comparison will show that similar problems occur in all legal systems regardless of their provenance and the attempts of individual systems at solving them their successes and their failures can provide a rich experience on which other countries can draw and on which they can build The book provides an outline of the principles of German criminal law mainly the so called General Part eg actus reus mens rea defences participation and the core offence categories homicide offences against property sexual offences It sets out the principles their development under the influence of academic writing and judicial decisions The book is not meant as a textbook of German criminal law but is a selection of interrelated in depth essays on the central problems Wherever it is apposite and feasible comparison is offered to the approaches of English criminal law and the legal systems of other common and civil law countries in order to allow common lawyers to draw the pertinent parallels to their own jurisdictions Michael Bohlander had been a member of the German judiciary for over 13 years before he joined Durham Law School in 2004 From 1999 until 2001 he was the senior legal officer of Trial Chamber II of the International Criminal Tribunal for the

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136301 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    of comparative law procedural law evidence international criminal law and Continental legal history Professor Damaška s work is renowned for providing new frameworks for understanding different legal traditions To celebrate the depth and richness of his work and discuss its implications for the future the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law evidence and criminal law and procedure Using Professor Damaška s work as a backdrop the essays make a substantial contribution to the development of comparative law procedure and evidence After an introduction by the editors and a tribute by Harold Koh Dean of Yale Law School the book is divided into four parts The first part considers contemporary trends in national criminal procedure examining cross fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions The second part explores the epistemological environment of rules of evidence and procedure The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law The final part of the book assesses Professor Damaška s contribution to comparative law and the challenges faced by comparative law in

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136820 (2016-02-13)
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