Interpretation Of “Equality Of Arms” In Jurisprudence Of AD Hoc Tribunals And ICC

Elise Groulx, “Equality of arms”: Challenges confronting the legal profession in the emerging international criminal justice system, Oxford University Comparative Law Forum, (2006) Oxford U. Comp. L. Forum 3, p. 2, http://ouclf.iuscomp.org/articles/groulx.shtml.Search in Google Scholar

Tosin Osasona “Equality of Arms” and its effect on the quality of justice at the ICC, A Contrario International Criminal Law, Reflections and Commentary on Global Justice Issues, April 10, 2014, available at: http://acontrarioicl.com/2014/04/10/equality-of-arms-and-its-effect-on-the-quality-of-justice-at-the-icc/.Search in Google Scholar

Daan Asser, Audi et Alteram Partem: a Limit to Judicial Activity, in: A.D.E. Lewis and D.J. Ibbetson (eds.), The Roman Law Tradition, Cambridge, Cambridge University Press, 1994, p. 211-2;10.1017/CBO9780511522345.014Search in Google Scholar

Kelly, John M., “Audi Alteram Partem; Note”, 1964, Natural Law Forum, Paper 84, http://scholarship.law.nd.edu/nd_naturallaw_forum/84.Search in Google Scholar

Davor Krapac, Međunarodno kazneno procesno pravo, Oris postupka pred Međunarodnim kaznenim sudovima, Narodne Novine, Zagreb, 2012, p. 23.Search in Google Scholar

J.P.W. Temminck Tuinstra, Defence counsel in international criminal law, Ph.D thesis, Faculty FdR: Amsterdam Center for International Law (ACIL), 200910.1007/978-90-6704-643-5Search in Google Scholar

Frederic Megret, Beyond 'Fairness': Understanding the Determinants of International Criminal Procedure, March 4, 2009, UCLA Journal of International Law and Foreign Affairs, 2010Search in Google Scholar

Kai Ambos, The Structure of International Criminal Procedure: ‘Adversarial’, ‘Inquisitorial’ or Mixed?, December 14, 2011, International Criminal Justice: A Critical Analysis of Institutions and Procedures, pp. 429-503, M. Bohlander, ed., London, 2007Search in Google Scholar

Report of the Secretary General, S/25704, 3 May 1993, para. 106, available at: http://www.icty.org/x/file/Legal%20Library/Statute/statute_re808_1993_en.pdfSearch in Google Scholar

Gabrielle McIntyre, Equality of Arms – Defining Human Rights in the Jurisprudence of the ICTY, The International Society for the Reform of the Criminal Law, 17^th Annual Conference, Convergence of Criminal Justice Systems: Building Bridges – Bridging the Gaps, Workshop 303 – Ethics, The Hague, Netherlands, 24-28 August, 2003.Search in Google Scholar

Joan Sloan “The International Criminal Tribunal for the Former Yugoslavia and Fair Trial Rights: A Closer Look”, 1996, Leiden Journal of International Law10.1017/S0922156596000374Search in Google Scholar

Geert-Jan Alexander Knoops “The Dichotomy Between Judicial Economy and Equality of Arms Within International and Internationalized Criminal Trials: A Defense Perspective”, 2005, Fordham International Law Journal.Search in Google Scholar

Beth S. Lyons, Prosecutorial Failure to Disclose Exculpatory Material: A Death Knell to Fairness in International (and all) Justice, 3^rd International Criminal Defence Conference, “International Criminal Justice: Justice for Whom?” held in Montreal, Quebec, Canada, 29 September 2012.Search in Google Scholar

Maria Igorevna Fedorova, The Principle of Equality of Arms in International Criminal Proceedings, School of Human Rights Research Series, Volume 55, 2012Search in Google Scholar

Geert-Jan Alexander Knoops/Robert R. Amsterdam, The duality of State cooperation within international and national criminal cases, Fordham International Law Journal, Volume 30, Issue 2, 2006Search in Google Scholar

Antonio Cassese, The Statute of the International Criminal Court: Some Preliminary Reflections, European Journal of International Law, 10 (1999), pp. 144–171Search in Google Scholar

Charles C. Jalloh/Amy DiBella, Equality of Arms in International Criminal Law: Continuing Challenges, University of Pittsburgh School of Law, Legal Studies Research Paper Series, Working Paper No. 2013-28, September 2013, pp. 251-287Search in Google Scholar

Sluiter, Göran, International Criminal Adjudication and the Collection of Evidence: Obligations of States, Doctoral dissertation defended at Utrecht University on 25 September 2002, School of Human Rights Research, v. 16, Antwerpen; New York: Intersentia, 2002Search in Google Scholar

Prosecutor v Tadiċ, IT-94-1-A, Decision on Prosecutor’s Motion Requesting Protective Measures for Victims and Witnesses, 10 August 1995Search in Google Scholar

Prosecutor v. Tadic, IT-96-1-T, Separate Opinion of Judge Vohrah on Prosecution Motion for Production of Defence Witness Statement, 27 Nov. 1996Search in Google Scholar

Prosecutor v Tadiċ, IT-94-1-A, Judgment, July 15, 1999Search in Google Scholar

Prosecutor v. Delalic, IT-96-21, Decision on the Prosecution's Motion for an Order Requiring Advanced Disclosure of Witnesses by the Defense, 4 February, 1998Search in Google Scholar

Prosecutor v. Aleksovski, Decision on prosecutor’s appeal on admissibility of evidence, 16 February 1999Search in Google Scholar

Prosecutor v. Kordić and Čerkez, IT-95-14/2-AR108bis, Decision on the Request of the Republic of Croatia for a Review of a Binding Order, 9 September 1999Search in Google Scholar

Prosecutor v. Brđanin and Talić, Decision on Interlocutory Appeal, 11 December 2002Search in Google Scholar

Prosecutor v. Brđanin and Talić, Decision on the Defence “Objection to Intercept Evidence”, 3 October 2003Search in Google Scholar

Prosecutor v. Hadžihasanvić et al., IT-01-47-PT, Decision on Defence Access to EUMM Archives, 12 September 2003.Search in Google Scholar

Prosecutor v Oric, Case No. IT-03-68-AR73.2, ICTY Appeals Chamber decision of Interlocutory Decision on Length of Defence Case, July 20, 2005Search in Google Scholar

Prosecutor v. Milutinović et al., IT-05-87-PT, Decision on Second Application of Dragoljub Ojdanić for Binding Orders Pursuant to Rule 54bis, 17 November 2005Search in Google Scholar

Prosecutor v. Barayagwiza, ICTR-97-19-AR72, Decision, 3 Nov 1999Search in Google Scholar

Prosecutor v. Kayishema and Ruzindana, ICTR-95-1-T, Order on the Motion by the Defence Counsel for Application of Article 20(2) and (4) (b) of the Statute of the International Criminal Tribunal for Rwanda, 5 May 1997 and Judgment of May 21, 1999Search in Google Scholar

Prosecutor v. Nzirorera et al., Decision on the Request to the Governments of United States of America, Belgium, France and Germany for Cooperation, ICTR-98-44-I, 4 September 2003Search in Google Scholar

Karemera et al., ICTR-98-44-AR73.7, Appeals Chamber, Decision on Interlocutory Appeal Regarding the Role of the Prosecutor’s Electronic Disclosure Suite in Discharging Disclosure Obligations, 30 June 2006Search in Google Scholar

Ndindiliyimana et al., ICTR-00-56-T, Trial Chamber, Decision on Defence Motions Alleging Violation of the Prosecutor’s Disclosure Obligations Pursuant to Rule 68, 22 September 2008Search in Google Scholar

Prosecutor v. Bizimungu et al., ICTR-99-50-T, Decision on Proseper Mugiraneza’s Motion Regarding Cooperation with the Republic of Burundi, 30 October 2008Search in Google Scholar

Prosecutor v. Thomas Lubanga Dyilo, ICC-01/04-01/06Search in Google Scholar

Prosecutor v. Lubanga, AC, ICC, 21 October 2008, Judgment on the appeal of the Prosecutor against the decision of Trial Chamber I entitled “Decision on the consequences of non-disclosure of exculpatory materials covered by Article 54(3)(e) agreements and the application to stay the prosecution of the accused, together with certain other issues raised at the Status Conference on 10 June 2008, para. 77-78, referring to the Appeal Chamber Judgment of 14 December 2006, para. 37 and 39.Search in Google Scholar

Szwabowicz v. Sweden, App. No. 172/56, 434/58 and 911/60, 30 June 1959, 2 ECHR YB, p. 355.Search in Google Scholar

Ofner and Hopfinger v. Austria, App. No. 524/59 and 617/59, report of 23 November 1962, Yearbook Volume 6, 1963, p. 680;Search in Google Scholar

Pataki and Dunshirn v. Austria, App. No. 596/59 and 789/60, report of 28 March 1963, Yearbook Volume 6, 1963, p. 718.Search in Google Scholar

Neumeister v. Austria, App. No. 1936/63, Judgment of 27 June 1968, Series A, No. 8.Search in Google Scholar

Delcourt v. Belgium, App. No. 2689/65, Judgment of 7 January 1970, para. 18.Search in Google Scholar

Hentrich v. France, Decision from 22 September 1994, para. 7-8.Search in Google Scholar