Supranational Criminal Law: A System Sui Generis

Front Cover
Roelof Haveman, Olga Kavran, Julian Nicholls (LL. M.)
Intersentia nv, 2003 - 370 pages
What exactly is the context in which all aspects of this new field of criminal law have to be interpreted? What does the principle of legality mean in the context of supranational criminal law? Which tradition lies at the basis of this new law system? Is supranational criminal law as it grows the result of a deliberate policy, tending towards a coherent system? Or is it merely the result of crisis management?
 

Contents

Topics
6
Interpretation of the Law
20
Criminal Law V International Humanitarian Law
31
Summary and Conclusion
37
Nullum Crimen Sine Lege
39
Background of the Principle of Legality
50
Nulla Poena Sine Lege
63
7
73
Equality of Arms
217
Concluding Remarks
232
HEARSAY AND ANONYMOUS WITNESSES
239
The Adversarial System
247
Right to Confrontation
253
160
274
7
298
AMNESTY AND THE IMPLEMENTATION OF THE
305

LEGAL PROCEDURES AT THE INTERNATIONAL
79
79
99
4
155
DEFENCE AND FAIR TRIAL
167
Right to Be Tried by An Independent and Impartial
186
Presumption of Innocence
211
The Rome Statute
325
Country Studies
328
Conclusion
342
LITERATURE
353
Copyright

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About the author (2003)

Roelof H. Haveman (LLM Erasmus University Rotterdam, 1983; PhD Utrecht University, 1998) currently works as a rule of law expert in the embassy of the Netherlands in Bamako, Mali, after having served for two years as a Senior Policy Advisor Rule of Law within the Ministry of Foreign Affairs in the Hague. Before, he worked as an independent Rule of Law consultant on short assignments in Africa, inter alia between June 2010 and December 2012 for IDLO's office in South Sudan on technical assistance to the judiciary, the College of Law of the University of Juba, the Legal Training Institute and the Ministry of Justice. In between, as of September 2011 until March 2012, he worked in Côte d'Ivoire, assisting the Ministry of Justice. Since its start early 2008 until May 2010 he was the Vice Rector in charge of Academic Affairs and Research of the ILPD/Institute of Legal Practice and Development in Rwanda, the post-graduate training institute for the justice sector. He lived and worked in Rwanda as from 2005, initially for the Dutch Center for International Legal Cooperation (CILC), supporting two law schools in strengthening their academic and managerial capacity and quality, including curriculum development. In addition, in 2007-2008 he provided technical assistance in organisational reform for the LDC-Law Development Centre in Uganda. Since its establishment in 2002 and until 2005, he was the programme-director of the Grotius Centre for International Legal Studies at Leiden University's Campus in The Hague. Until the summer of 2005 he was an associate professor of (international) criminal law and criminal procedure at Leiden University and fellow of the E.M. Meijers Institute of Legal Studies of the Faculty of Law, Leiden University, the Netherlands. In 1998 he defended his PhD-dissertation on the 'Conditions for Criminalizing Trafficking in Women' (in Dutch) at Utrecht University, the Netherlands. Over the past 20 years he published many articles and a number of books on gender-related crimes, trafficking in persons and prostitution, the principle of legality (e.g in the context of customary - adat - criminal law in modern Indonesia), Rwanda gacaca, supranational criminology and victimology, and comparative criminal law. He is the editor in chief of the series Supranational Criminal Law and editor in chief of the electronic Newsletter Criminology and International Crimes.