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The Amicus Curiae in International Criminal Justice - (Studies in International and Comparative Criminal Law) (Hardcover)

The Amicus Curiae in International Criminal Justice - (Studies in International and Comparative Criminal Law) (Hardcover)
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Last Price: 110.00 USD

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<p/><br></br><p><b> About the Book </b></p></br></br>"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"--<p/><br></br><p><b> Book Synopsis </b></p></br></br>The <i>amicus curiae</i> - 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 reliance on this mechanism raises a number of significant questions concerning: the functions performed by <i>amici</i>, which actors seek to intervene and why, and the influence of <i>amicus</i> interventions on judicial outcomes. Ultimately, the<i> amicus curiae</i> may have a significant impact on the fairness, representativeness and legitimacy of the tribunals' proceedings and decisions.<br/><br/>This book provides a comprehensive examination of the <i>amicus curiae</i>practice of the International Criminal Court and other major international criminal tribunals and offers suggestions for the role of the <i>amicus curiae</i>. In doing so, the authors develop a framework to augment the potential contributions of <i>amicus</i> participation in respect of the legitimacy of international criminal tribunals and their decisions, while minimising interference with the core judicial competence of the tribunal and the right of the accused to a fair and expeditious trial.<p/><br></br><p><b> About the Author </b></p></br></br><p>Sarah Williams is Professor at the Faculty of Law, UNSW Sydney.<br>Hannah Woolaver is an Associate Professor at the Faculty of Law, University of Cape Town.<br>Emma Palmer is a Lecturer at Griffith Law School, Griffith University.</p>

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