Recenze International Criminal Procedure and Disclosure

A. Introduction and Abstract§§The Problem - Methodology§§B. The Four Issues§§Introduction - Truth and the Pre-Trial Chamber - Exculpatory Evidence - Analysis of the Relevant Evidence - General Communication Obligations: Broad or Narrow§§C. Case-by-case Approach or Consistency§§The Problem of the Case-by-case Approach - So What? Or: Is Consistency Necessary?§§D. How to Interpret the Law at the ICC - Methodology of the ICC?§§Sources - Interpretation - Finding or Justification§§E. Interpretation of the ICC Disclosure Regime§§The Applicable Law - Methods of Interpretation - A New Contextual Interpretation - Damaska and ICC Procedure§§F. Prosecution Disclosure Before the ICC from a Comparative Perspective with a View to Damaska's Models§§Approach - General - Disclosure Obligations Independent from Trial Stages: Exculpatory Material - Disclosure Obligations Independent from Trial Stages: Documents and Tangible Objects - Disclosure Obligations Independent from Trial Stages: Prior Statements of the Prosecution Witnesses and Names of Witnesses - Prosecution Disclosure Prior and at the Confirmation Hearing - Sanctions - Conclusion§§G. The Solution§§Active Judge - The Parties and the System in General - Communication and Registration - Summary and Concluding Remarks§§Bibliography§§Subject Index schovat popis