Description

Examines the law and practice of the international criminal tribunals from the perspective of the possible judicial responses to pre-trial impropriety as well as from the perspective of specific types of pre-trial impropriety, thereby providing a fuller picture of such law and practice
Subjects the law and practice of the international criminal tribunals to rigorous analysis, by reference to relevant human rights standards as well as to national criminal procedure, with due regard for theoretical accounts of the judicial response to pre-trial procedural violations, i.e. the rationales for responding thereto, and for certain particularities of international criminal proceedings
In considering the rationales for responding to pre-trial procedural violations and the factors to which the international criminal tribunals have attached significant importance, providing practical guidance on how to confine and structure the discretionof judges to attach certain legal consequences to pre-trial impropriety