Proving International Crimes
Format:Hardback
Publisher:Oxford University Press
Published:17th Sep '24
Currently unavailable, and unfortunately no date known when it will be back
Longlisted for The Inner Temple Book Prize 2025
This book demonstrates that, owing to the flexibility built into the legal frameworks, the law of international criminal evidence is often unpredictable and uncertain. To this end, it argues for the development of a coherent epistemic framework driven by two guiding principles: rectitude of decision and the highest standards of fairness.Proving International Crimes elucidates how international criminal tribunals have tackled the immense and complex task of proving international crimes such as genocide, war crimes, and crimes against humanity. The challenges posed by the scale and scope of these crimes and the distance in time and space between their commission and their prosecution are well-known. Nevertheless, investigators, lawyers, scholars, and policy makers often look to the law and practice of international criminal tribunals to establish what standards need to be met in the collection, preservation, presentation, and analysis of evidence to prove international crimes. In offering a comprehensive account of the law and practice of evidence before international criminal courts and tribunals to date, as well as recommendations for future practice, this book aims to inform domestic, regional, and international accountability processes for crimes going forward. This book demonstrates that, owing to the flexibility built in to the legal and procedural frameworks of international criminal courts and tribunals, the law of international criminal evidence is often unpredictable and uncertain. To this end, McDermott argues for the development of a coherent epistemic framework driven by two guiding principles: rectitude of decision and the highest standards of fairness.
This book by Professor McDermott could not be timelier... [it] should have the effect of reminding all judges and practitioners of the need to ensure that those standards are both consistent and compliant with the ultimate goal of delivering justice to the victims of these egregious crimes by means of a fair trial process. * Her Excellency Judge Joanna Korner, International Criminal Court (from the foreword) *
Yvonne McDermott, one of the world's leading experts on digital evidence, has produced a tour-de-force with Proving International Crimes. Her book makes complex legal concepts comprehensible while offering thoughtful considerations for shaping the future use of digital information in international trials. This book is destined to become a must-read for every scholar and practitioner of international criminal law. * Professor Alexa Koenig, University of California, Berkeley *
Proving International Crimes is a superb source to guide the experienced, the less so, and the novice. All current and future judges (and staff) at all the international criminal tribunals, as well as all others involved, whether on the prosecution, defence, or victim side, should read this gem. It is an excellent go to reference on issues of evidence and proof before any international criminal tribunal. * Michael G. Karnavas, International Criminal Law Blog *
McDermott presents an incredibly fresh take on a traditionally dry subject matter. The book's originality comes not only from new perspectives and ideas presented, but from the care taken to explain why so many of the central debates in international criminal justice turn on tired and outdated frameworks. Proving International Crimes therefore joins McDermott's earlier Fairness in International Criminal Trials as a necessary part of the arsenal of any international criminal practitioner. This is undoubtedly the book for those excited by international criminal procedure. It may also be the book for those who are not. * Kate Gibson, Journal of International Criminal Justice *
Yvonne McDermott's "Proving International Crimes" is an extraordinarily useful resource for practitioners, commentators, and academics in the field of international criminal law, as well as for government officials interested in the inner workings of the international tribunals. * Alex Whiting, Lawfare *
ISBN: 9780198842972
Dimensions: 241mm x 163mm x 19mm
Weight: 544g
256 pages