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Towards a New Trial Theory; Procedural and Evidenciary Fairness in the context of Unsettled Practice in International Criminal Proceedings

Citation

MacCarrick, GF, Towards a New Trial Theory; Procedural and Evidenciary Fairness in the context of Unsettled Practice in International Criminal Proceedings (2007) [PhD]

Abstract

The thesis topic centres around the rules of evidence and procedure in international criminal trails. Specifically the dissertation examines the manner in which the common law and civil law trial models have influenced the development of international criminal proceedings, and the impact this has had upon the imperative to meet with the international standard of a fair trial. The thesis illustrates this point by evaluating the procedural and evidentiary tensions that arose in the trial of Prosecutor v Josť Cardoso Fereira (known as the Lolotoe trial) as a case study. This trial was heard before the Special Panel for Serious Crimes, East Timor, in which I appeared as sole defence counsel.

Item Details

Item Type:PhD
Keywords:international criminal law evidence and procedure, right to a fair trial, trial theory
Research Division:Law and Legal Studies
Research Group:International and comparative law
Research Field:International criminal law
Objective Division:Law, Politics and Community Services
Objective Group:International relations
Objective Field:Peace and conflict
UTAS Author:MacCarrick, GF (Dr Gwynn MacCarrick)
ID Code:147511
Year Published:2007
Deposited By:Office of the School of Social Sciences
Deposited On:2021-11-05
Last Modified:2021-11-08
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