The Accusation Model Before the International Criminal Court

Study of Convergence of Criminal Justice Systems

Nonfiction, Reference & Language, Law, Reference, International
Cover of the book The Accusation Model Before the International Criminal Court by Hanna Kuczyńska, Springer International Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Hanna Kuczyńska ISBN: 9783319176260
Publisher: Springer International Publishing Publication: May 7, 2015
Imprint: Springer Language: English
Author: Hanna Kuczyńska
ISBN: 9783319176260
Publisher: Springer International Publishing
Publication: May 7, 2015
Imprint: Springer
Language: English

This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland.  The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor’s independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor’s discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor’s choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland.  The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor’s independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor’s discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor’s choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?

More books from Springer International Publishing

Cover of the book The Russian Challenge to the European Security Environment by Hanna Kuczyńska
Cover of the book Alternative Performativity of Muslimness by Hanna Kuczyńska
Cover of the book Communicating National Image through Development and Diplomacy by Hanna Kuczyńska
Cover of the book The Biblical Accommodation Debate in Germany by Hanna Kuczyńska
Cover of the book New Frontiers in Oil and Gas Exploration by Hanna Kuczyńska
Cover of the book New Weapons to Control Bacterial Growth by Hanna Kuczyńska
Cover of the book Professional Development for Inquiry-Based Science Teaching and Learning by Hanna Kuczyńska
Cover of the book A History of Socially Responsible Business, c.1600–1950 by Hanna Kuczyńska
Cover of the book Obesity by Hanna Kuczyńska
Cover of the book Essentials of Autopsy Practice by Hanna Kuczyńska
Cover of the book Search for the Higgs Boson in the Vector Boson Fusion Channel at the ATLAS Detector by Hanna Kuczyńska
Cover of the book The New US Security Agenda by Hanna Kuczyńska
Cover of the book Value Functions on Simple Algebras, and Associated Graded Rings by Hanna Kuczyńska
Cover of the book Resistance of Targeted Therapies Excluding Antibodies for Lymphomas by Hanna Kuczyńska
Cover of the book Wheat Diseases and Their Management by Hanna Kuczyńska
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy