The exploration of legitimacy throughout the text is highly effective … the authors’ decision to adopt both an analytical and normative approach to the role of the <i>amicus</i> means that the text functions at multiple levels of usefulness to academia and practitioners alike.
- Molly Thomas, International Criminal Court, The Hague, the Netherlands, Human Rights Law Review
The amicus curiae – or friend of the court – is the main mechanism for actors other than the parties, including civil society actors and states, to participate directly in proceedings in international criminal tribunals. Yet reliance on this mechanism raises a number of significant questions concerning: the functions performed by amici, which actors seek to intervene and why, and the influence of amicus interventions on judicial outcomes. Ultimately, the amicus curiae may have a significant impact on the fairness, representativeness and legitimacy of the tribunals’ proceedings and decisions.
This book provides a comprehensive examination of the amicus curiae practice of the International Criminal Court and other major international criminal tribunals and offers suggestions for the role of the amicus curiae. In doing so, the authors develop a framework to augment the potential contributions of amicus participation in respect of the legitimacy of international criminal tribunals and their decisions, while minimising interference with the core judicial competence of the tribunal and the right of the accused to a fair and expeditious trial.
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1. International Criminal Tribunals, Legitimacy and the Amicus Curiae
I. Introduction
II. Why International Criminal Tribunals? And Which Ones?
III. Legitimacy in International Criminal Justice
IV. Legitimacy and the Amicus Curiae
V. Method and Chapter Overview
2. The Amicus Curiae in Comparative Perspective
I. Adopting a Functional Approach
II. Standing to Bring a Claim
III. Joinder of Claims and Cases
IV. Intervention
V. The Amicus Curiae: A Friend of the Court
VI. Relevance of Comparative Practice to International Criminal Tribunals
3. The Amicus Curiae in International Criminal Tribunals: An Introduction
I. Overview
II. Standing in International Criminal Tribunals
III. History of Amicus Curiae Participation in International Criminal Tribunals
IV. The Amicus Curiae Prosecutor and the Prosecutor as Amicus Curiae
V. Limits on Amicus Curiae Participation
VI. The Amicus Curiae and Other Mechanisms for Expertise, Representation and Communication
VII. Conclusion
4. The Amicus Curiae in International Criminal Tribunals in Practice
I. Introduction
II. Who Can Participate as an Amicus Curiae?
III. When Can an Amicus Curiae Participate?
IV. How do Amici Curiae Participate?
V. Substantive Criteria for Admitting Amici Curiae
VI. Impact of Amicus Curiae Submissions
VII. Participation in ICC Reparations Proceedings
VIII. Conclusions
5. Civil Society Actors as Amici Curiae
I. Introduction
II. Overview of Civil Society Actors at International Criminal Tribunals
III. The Expertise Function and Civil Society Actors
IV. Representation of Interests by Civil Society as Amici Curiae
V. The Communicative Function and Civil Society
VI. Impact of Civil Society Amicus Curiae Submissions
VII. Conclusion
6. The Amicus Curiae and the Defence
I. Introduction
II. Overview of Defence Amicus Curiae Practice
III. The Defence and the Provision of Expertise through the Amicus Curiae
IV. The Use of the Amicus Curiae to Represent the Interests of the Defence
V. The Communicative Function and the Defence
VI. Conclusion
7. Representing State Interests
I. Introduction
II. Overview of State and International Organisation Amicus Curiae Practice
III. State and International Organisation Amici Providing Expertise
IV. The State or International Organisation Amici Representing an Interest
V. State Amici Performing a Communicative Function
VI. The Challenge of Engaging Reluctant or Resistant States
VII. Conclusion
8. Conclusion
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Asks the central question of who should be represented in international criminal law proceedings
Examines how the concept of amicus curiae operates in international criminal law proceedings
Studies in International and Comparative Criminal Law
Criminal law had long been regarded as the preserve of national legal systems, and comparative research in criminal law for a long time had something of an academic ivory tower quality. However, in the past 15 years it has been transformed into an increasingly, and moreover practically, relevant subject of study for international and comparative lawyers. This can be attributed to numerous factors, such as the establishment of ad hoc international criminal tribunals and the International Criminal Court, as well as to developments within the EU, the UN and other international organisations. There is a myriad of initiatives related to tackling terrorism, money laundering, organised crime, people trafficking and the drugs trade, and the international 'war' on terror. Criminal law is being used to address global or regional problems, often across the borders of fundamentally different legal systems, only one of which is the traditional divide between common and civil law approaches. It is therefore no longer solely a matter for domestic lawyers. The need exists for a global approach which encompasses comparative and international law.
Responding to this development this new series will include books on a wide range of topics, including studies of international law, EU law, the work of specific international tribunals, and comparative studies of national systems of criminal law. Given that the different systems to a large extent operate based on the idiosyncracies of the peoples and states that have created them, the series will also welcome pertinent historical, criminological and socio-legal research into these issues.
Editorial Committee:
Cheah Wui Ling (NUS, Singapore)
Caroline Fournet (Groningen, The Netherlands)
Rachel Killean, (QUB, Belfast)
Dawn Rothe (FAU, USA)
Liling Yue (Beijing, China)
Heike Jung (Saarbrücken, Germany)
Adel Ibrahim Maged (Cairo, Egypt)
Wolfgang Schomburg (Berlin, Germany)
Noha Aboueldahab (Brookings Institute, Doha)
Gleb I Bogush (HSE University, Russia)
Hector Olasolo (Universidad del Rosario, Colombia)
Leigh Swigart (Brandeis University, USA)
Sarah Williams (University of New South Wales, Australia)
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Produktdetaljer
ISBN
9781509913329
Publisert
2020-02-06
Utgiver
Vendor
Hart Publishing
Vekt
788 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
424