Studies in international and comparative criminal law ; volume 18.
"The amicus curiae - or friend of the court - is the main mechanism for actors other than the parties, including civil society actors and States, to participate directly in proceedings in international criminal tribunals. Yet increasing reliance on this mechanism raises a number of questions. Are amicus interventions consistent with the inherent structure and purpose of a criminal trial? What impact might they have on the efficiency of trials, fair trial rights and the quality of judicial decision-making? Do amici enhance the representation of different interests in international criminal proceedings? Are amicus submissions actually influencing judicial or other outcomes? Is there a trend towards 'non-traditional' uses of the amicus curiae, such as the amicus curiae prosecutor or amici as substitute defence counsel? These questions suggest issues integral to the legitimacy of international criminal trials and institutions, namely: who is able to be represented in proceedings, which actors seek to intervene in trials and why, whether the amicus curiae is an appropriate avenue for certain types of submissions, and what responsibilities might amici hold. This important new book examines the practice of international criminal tribunals and offers suggestions for the role of the amicus curiae before such tribunals"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
VI. Conclusion 7. Representing State Interests I. Introduction II. Overview of State and International Organisation Amicus Curiae Practice III. State and International Organisation Amici Providing Expertise IV. The State or International Organisation Amici Representing an Interest V. State Amici Performing a Communicative Function VI. The Challenge of Engaging Reluctant or Resistant States VII. Conclusion 8. Conclusion. 1. International Criminal Tribunals, Legitimacy and the Amicus Curiae I. Introduction II. Why International Criminal Tribunals? And Which Ones? III. Legitimacy in International Criminal Justice IV. Legitimacy and the Amicus Curiae V. Method and Chapter Overview 2. The Amicus Curiae in Comparative Perspective I. Adopting a Functional Approach II. Standing to Bring a Claim III. Joinder of Claims and Cases IV. Intervention V. The Amicus Curiae : A Friend of the Court VI. Relevance of Comparative Practice to International Criminal Tribunals 3. The Amicus Curiae in International Criminal Tribunals: An Introduction I. Overview II. Standing in International Criminal Tribunals III. History of Amicus Curiae Participation in International Criminal Tribunals IV. The Amicus Curiae Prosecutor and the Prosecutor as Amicus Curiae V. Limits on Amicus Curiae Participation VI. The Amicus Curiae and Other Mechanisms for Expertise, Representation and Communication VII. Conclusion 4. The Amicus Curiae in International Criminal Tribunals in Practice I. Introduction II. Who Can Participate as an Amicus Curiae ? III. When Can an Amicus Curiae Participate? IV. How do Amici Curiae Participate? V. Substantive Criteria for Admitting Amici Curiae VI. Impact of Amicus Curiae Submissions VII. Participation in ICC Reparations Proceedings VIII. Conclusions 5. Civil Society Actors as Amici Curiae I. Introduction II. Overview of Civil Society Actors at International Criminal Tribunals III. The Expertise Function and Civil Society Actors IV. Representation of Interests by Civil Society as Amici Curiae V. The Communicative Function and Civil Society VI. Impact of Civil Society Amicus Curiae Submissions VII. Conclusion 6. The Amicus Curiae and the Defence I. Introduction II. Overview of Defence Amicus Curiae Practice III. The Defence and the Provision of Expertise through the Amicus Curiae IV. The Use of the Amicus Curiae to Represent the Interests of the Defence V. The Communicative Function and the Defence.