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This book explores the International Criminal Court's role as a meeting point for common law and civil law criminal justice systems, focusing on the United States, England and Wales, Germany, and Poland. The first layer of analysis delves into key aspects of the ICC's model of accusation, including the independence of the prosecutor amid their connections to nations and the Security Council, the scope of the prosecutor's discretion in initiating cases, the rationale behind selecting defendants and charges, and the prosecutor's involvement in evidence disclosure and case resolution. The second layer examines the motivations for specific procedural choices in shaping the ICC's model of accusation, highlighting its evolution in military and ad hoc tribunals like the ICTY and ICTR. Additionally, the book addresses the compatibility of procedural institutions, investigating how adopting certain elements, such as the prosecutor's discretion, impacts other procedural aspects, including case dossiers and judicial authority in altering legal classifications of charges. This comprehensive analysis sheds light on the intricate dynamics of international criminal law and the interplay between different legal traditions.
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The Accusation Model Before the International Criminal Court, Hanna Kuczyńska
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- Pubblicato
- 2015
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