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International Criminal Due Process in the Making: New Tendencies in the Law of Non-Disclosure in the Proceedings before the ICC

International Criminal Due Process in the Making: New Tendencies in the Law of Non-Disclosure in... <jats:sec><jats:title>Abstract</jats:title><jats:p>In the everyday trial practice before the International Criminal Court, the issue of non-disclosure of evidence is highly technically regulated and creates problems due to the ambiguities of the provisions governing the process. This article will display the legal systematic of the applicable law to clarify established findings of the Court and discuss new tendencies. Discussed problems include, to what extent “potential Prosecution witnesses” and “innocent third parties” can be integrated into the dogmatic of the law of non-disclosure, and whether non-disclosure should be granted on grounds of Article 54(3)(f) of the ICC Statute.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

International Criminal Due Process in the Making: New Tendencies in the Law of Non-Disclosure in the Proceedings before the ICC

Kuschnik, Bernhard
International Criminal Law Review , Volume 9 (1): 157 – Jan 1, 2009
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Publisher
Brill
Copyright
© 2009 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
DOI
10.1163/157181209X398862
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>In the everyday trial practice before the International Criminal Court, the issue of non-disclosure of evidence is highly technically regulated and creates problems due to the ambiguities of the provisions governing the process. This article will display the legal systematic of the applicable law to clarify established findings of the Court and discuss new tendencies. Discussed problems include, to what extent “potential Prosecution witnesses” and “innocent third parties” can be integrated into the dogmatic of the law of non-disclosure, and whether non-disclosure should be granted on grounds of Article 54(3)(f) of the ICC Statute.</jats:p> </jats:sec>

Journal

International Criminal Law Review – Brill

Published: Jan 1, 2009

Keywords: NON-DISCLOSURE; EVIDENCE; INTERNATIONAL CRIMINAL COURT

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