What exactly is the context in which all aspects of this new field of criminal law have to be interpreted? What does the principle of legality mean in the context of supranational criminal law? Which tradition lies at the basis of this new law system? Is supranational criminal law as it grows the result of a deliberate policy, tending towards a coherent system? Or is it merely the result of crisis management?
Those are some of the questions that are highlighted in this first Volume of the Supranational Criminal Law series. Answers are formulated with respect for the various law families and traditions, taking into account the differences between e.g. inquisitorial and adversarial penal systems, and between criminal law and international humanitarian law.
In doing so, in this book full credit is given to the sui generis character of supranational criminal law. The contributions have been written by a group of scholars and practitioners in the field of supranational criminal law. This volume will therefore be very useful to lawyers, judges, prosecutors and academics who are confronted with the various aspects of this new and exciting penal system.
I. INTRODUCTION: A SYSTEM SUI GENERIS (p. 1)
II. THE CONTEXT OF THE LAW (p. 9)
III. THE PRINCIPLE OF LEGALITY (p. 39)
IV. LEGAL PROCEDURES AT THE INTERNATIONAL CRIMINAL COURT (p. 79)
V. THE SUI GENERIS RULES OF PROCEDURE AND EVIDENCE (p. 129)
VI. DEFENCE AND FAIR TRIAL (p. 167)
VII. EVIDENCE: HEARSAY AND ANONYMOUS WITNESSES (p. 239)
VIII. AMNESTY AND THE IMPLEMENTATION OF THE ICC (p. 305)
IX. EPILOGUE: A SYSTEM SUI GENERIS (p. 347)
The time that criminal law was pre-eminently a national matter is gone. Criminal law and criminal procedure is no longer solely a product of decisions made by national legislative bodies, applied by national police, prosecutors and judges. A new criminal law is developing which goes beyond separate nations: supranational criminal law.
One example of this development is the relatively young body of law concerning war crimes, crimes against humanity and genocide. Particularly essential to this development has been the establishment of the ICTY, the ICTR and the ICC, and of many internationalised tribunals all over the world. A second example of the development towards the supranationalisation of criminal law can be seen on a more regional level. In Europe for instance, the area of criminal law has become a prioritised field of co-operation in the third pillar of the European Union. These supranational criminal systems are criminal systems sui generis.
That at least is the presupposition of this series on supranational criminal law. The Supranational Criminal Law: Capita Selecta series contributes to this discussion from a theoretical, dogmatic point of view, working towards new, consistent and fair penal systems, crossing the borders of the old law families and traditions.
The series is edited by Dr. Roelof H. Haveman (editor-in-chief - Rule of Law Advisor, embassy of the Netherlands in Mali), Dr. Paul J.A. De Hert (Free University of Brussels, Belgium and University of Tilburg, the Netherlands) and Dr. Alette Smeulers (University of Groningen, the Netherlands).
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