Ethical Standards for Prosecution and Defence Counsel before International Courts: The Legacy of Nuremberg

Sarvarian, Arman

doi:10.1093/jicj/mqs015

Cited by 3 publications

(1 citation statement)

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“…147 Even after the process, prosecutorial discretion has proven to be a pinnacle for international criminal courts 148 judicial processes resulting in calls for rational ethical and legal consideration in decision-making. 149 Numerous opportunities can be tapped from how predecessor international criminal tribunals have grappled with offices against the administration of justice. It is submitted that mostly, such experiences have been a learning curve for the tribunals.…”

Section: The Problem Of Subpoena Testimoniesmentioning

confidence: 99%

Quis Custodiet Ipsos Custodes (Who is Guarding the Guardians)? – Decision Processes in the icc’s Offences Against the Administration of Justice

Kayuni

2016

Law Pract Int Courts Trib

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This article examines the legal framework and practice regarding offences against the administration of justice within the Rome Statute of the International Criminal Court. As the icc adds more investigations and prosecutions, offences against the administration of justice in the form of witness interference and tampering, false testimony presentations and misconduct by or against officials of the Court are becoming common ground or prevalent. The mechanism provided for in Articles 70 and 71 of the Rome Statute when read with the Rules of Procedure and Evidence (rpe) grants powers to investigate and prosecute such offences. Decision-making, legal interpretation and policy formulation have become a challenge. In tackling this, this article analyses the legislative formulation of these offences; it then focuses on the policy evolution and development of the practice of predecessor tribunals. In conclusion, the article suggests opportunities for the icc’s legal interpretation and policy alternatives regarding future trends in offences against the administration of justice.

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Section: The Problem Of Subpoena Testimoniesmentioning

confidence: 99%