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International Criminal Procedure and Disclosure.: An Attempt to Better Understand and Regulate Disclosure and Communication at the ICC on the Basis of

International Criminal Procedure and Disclosure.: An Attempt to Better Understand and Regulate Disclosure and Communication at the ICC on the Basis of

Paperback

Series: Beiträge Zum Internationalen Und Europäischen Strafrecht - Studies In International And European Cri, Book 20

General Law

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ISBN10: 3428143434
ISBN13: 9783428143436
Publisher: Duncker & Humblot
Published: May 19 2014
Pages: 599
Weight: 17.48
Language: English
International Criminal Procedure and Disclosure analyses the different interpretations of disclosure rules at the International Criminal Court (ICC) and introduces a new disclosure regime, where the parties will be able to actually foresee the consequences of their conduct (i.e. non-disclosure). Through a critical case law analysis Heinze illustrates that an inconsistent classification of the nature of the ICC-process has - via the application of a contextual interpretation - a direct impact on decisions about concrete procedural issues, of which disclosure is the most prominent example. For this very reason Heinze re-classifies the ICC-process and concludes that the ICC is a hierarchically structured international organisation with a policy-implementing form of procedure, that nevertheless contains adversarial elements usually found in a system of coordinate authority with a conflict-solving form of justice. This classification serves as a general jurisprudence in its technical sense, which enables the Judges to conduct a coherent contextual interpretation. The book thereby establishes a connection between legal theory, philosophy, sociology and comparative law on the one hand and a highly relevant procedural question on the other hand.

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