Suchergebnisse

Intro -- Preface -- Inhaltsverzeichnis -- Abbreviations -- A. Introduction -- I. Goals and scope of this study -- II. Working Definitions -- B. Proceedings in absentia at ICTs -- I. The investigative phase at ICTs -- II. IMT and IMTFE -- III. ICTY, ICTR and MICT -- 1. Right to be present -- 2. Duty to be present -- 3. Framework of proceedings in absentia -- a) Procedure in absentia at the pre-trial stage -- aa) Rule 61 Procedure -- bb) Rule 71bis Procedure -- b) Proceedings partially held in absentia -- aa) Pre-trial conferences and technical meetings -- bb) Waiver of the right to be present -- cc) Refusal to attend trial -- dd) Removal due to disruptive behaviour -- ee) Temporary inability to stand trial -- ff) Protection of witnesses and victims -- 4. Video link procedures -- IV. Hybrid tribunals -- 1. SCSL, SPSC, ECCC, BWCC -- a) Right to be present -- b) Duty to be present -- c) Framework of trials in absentia -- 2. STL -- a) Right to be present -- b) Duty to be present -- c) Framework of trials in absentia -- aa) Legal and virtual presence -- bb) Trials in absentia -- (1) Conditions for the conduction of trials in absentia -- (a) Art. 22‍(1)(a) STLSt -- (b) Art. 22‍(1)(b) STLSt -- (c) Art. 22‍(1)(c) STLSt -- cc) Safeguards -- (1) Proper notification -- (2) Representation by defence counsel -- (3) Re-trial -- dd) Partial trials in absentia -- 3. KSC -- a) Right to be present -- b) Duty to be present -- c) Framework of proceedings in absentia -- d) Participation via video link -- V. ICC -- 1. Right to be present -- 2. Duty to be present -- 3. Pre-trial proceedings in absentia -- a) Confirmation of charges in absentia -- aa) Safeguards -- bb) Confirmation of charges in absentia for fugitive suspects -- cc) Role of the confirmation of charges -- b) Ex-Parte hearings -- 4. Framework of trials in absentia -- a) Removal of the disruptive defendant.

»Proceedings ›in absentia‹ in comparative and international criminal law« finds a normative approach to the question whether trial ›in absentia‹ is suitable for International Criminal Tribunals by applying classical sources of international criminal law and combining institutional aspects of the procedural theory, specifically the goals of the international criminal trial, with the individual frameworks of fundamental rights, namely the right to be present. Through a critical analysis of concepts presented as models for trial ›in absentia‹ it introduces a new concept for trials ›in absentia‹ which considers both the defendant's right and duty to be present. The book thereby establishes a connection between legal theory, international criminal procedural law, international human rights law and comparative law on the one hand and – considering the high number of accused of International Criminal Tribunals at large – a highly relevant procedural question on the other hand. / »Proceedings ›in absentia‹ in comparative and international criminal law« finds a normative approach to the question whether trial ›in absentia‹ is suitable for International Criminal Tribunals by applying classical sources of international criminal law and combining institutional aspects of the procedural theory, specifically the goals of the international criminal trial, with the individual frameworks of fundamental rights, namely the right to be present. Through a critical analysis of concepts presented as models for trial ›in absentia‹ it introduces a new concept for trials ›in absentia‹ which considers both the defendant's right and duty to be present. The book thereby establishes a connection between legal theory, international criminal procedural law, international human rights law and comparative law on the one hand and – considering the high number of accused of International Criminal Tribunals at large – a highly relevant procedural question on the other hand.

»Proceedings ›in absentia‹ in comparative and international criminal law« finds a normative approach to the question whether trial ›in absentia‹ is suitable for International Criminal Tribunals by applying classical sources of international criminal law and combining institutional aspects of the procedural theory, specifically the goals of the international criminal trial, with the individual frameworks of fundamental rights, namely the right to be present. Through a critical analysis of concepts presented as models for trial ›in absentia‹ it introduces a new concept for trials ›in absentia‹ which considers both the defendant's right and duty to be present. The book thereby establishes a connection between legal theory, international criminal procedural law, international human rights law and comparative law on the one hand and – considering the high number of accused of International Criminal Tribunals at large – a highly relevant procedural question on the other hand. / »Proceedings ›in absentia‹ in comparative and international criminal law« finds a normative approach to the question whether trial ›in absentia‹ is suitable for International Criminal Tribunals by applying classical sources of international criminal law and combining institutional aspects of the procedural theory, specifically the goals of the international criminal trial, with the individual frameworks of fundamental rights, namely the right to be present. Through a critical analysis of concepts presented as models for trial ›in absentia‹ it introduces a new concept for trials ›in absentia‹ which considers both the defendant's right and duty to be present. The book thereby establishes a connection between legal theory, international criminal procedural law, international human rights law and comparative law on the one hand and – considering the high number of accused of International Criminal Tribunals at large – a highly relevant procedural question on the other hand.