The Identifying the Principles in International Collaboration Ochi, Megumi. creator author. aut http://id.loc.gov/vocabulary/relators/aut SpringerLink (Online service) text si 2024 1st ed. 2024. monographic eng

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access XXIX, 209 p. 1 illus. online resource. What are the premises unique to international criminal procedures that differentiate them from the domestic law of any State? International criminal procedure refers to the procedural law that governs procedures before the International Criminal Justice Institutions, e.g. the International Criminal Court (ICC). This book examines the principles of international criminal procedure from the perspective of the circumstances and values (= premises) on which they are premised. It applies Premise Theory of general principles of law and conducts a comprehensive empirical analysis of the Court’s practice, and reviews the premises that have been proposed by previous research that has adopted a mainly teleological or theoretical approach. Specifically, it examines the principles that govern international criminal procedures, especially the activities of the ICC, in the chronological order of the procedures (investigation → prosecution (indictment) → extradition → (prohibition of) trial (in absentia) → redress for the rights of accused persons → examination of evidence → reparation for victims) and highlights their characteristics by comparing them with the legal principles that govern similar phenomena in domestic laws. Based on the empirical findings, this book reveals some of the premises inherent in the ICC’s procedural legal system, which are, in fact, distinct from the primary emphasis in the preamble of the ICC Statute. The preamble refers in broad terms to the seriousness of the core crimes and the importance of “the prevention of impunity” and the need for all States to exercise their criminal jurisdiction to prevent these crimes and to make this possible through international cooperation. In procedural practice, however, the ICC’s complementarity to national sovereignty, the second factor of the ICC Statute, as well as the obligation under the law of treaties and the human rights of the accused, which do not appear in the preamble, seemed to play stronger roles in the determination of the procedural principles applied at the ICC. . Introduction: What Are the Premises Inherent in International Criminal Procedure? -- Principles Concerning Parallel Investigations and Parallel Prosecutions of Core Crimes -- Principles Concerning Priority of Extradition for Core Crimes -- Principles Prohibiting Core Crimes Trials in absentia -- Principles Concerning Redress for the Rights of Accused Persons in International Criminal Justice. by Megumi Ochi. Human rights International law International criminal law Criminal law Private international law Conflict of laws Comparative law Human Rights Public International Law Sources and Subjects of International Law, International Organizations International Criminal Law Criminal Law and Criminal Procedure Law Private International Law, International and Foreign Law, Comparative Law K3236-3268.5 9789819767861 https://doi.org/10.1007/978-981-97-6786-1 https://doi.org/10.1007/978-981-97-6786-1 241123 20251030113324.0 978-981-97-6786-1