Proceedings in absentia in comparative and international criminal law.
ISBN:
978-3-428-18540-5
Verlag:
Duncker & Humblot
Land des Verlags:
Deutschland
Erscheinungsdatum:
16.03.2022
Reihe:
Beiträge zum Internationalen und Europäischen Strafrecht - Studies in International and European Criminal Law and Procedure
Format:
Softcover
Seitenanzahl:
511
Lieferung in 3-4 Werktagen
Versandkostenfrei ab 40 Euro in Österreich
The thesis finds a normative approach to the question whether trial in absentia is suitable for International Criminal Tribunals by applying classical sources of international criminal law and combining institutional aspects of the procedural theory, specifically the goals of the international criminal trial, with the individual frameworks of fundamental rights, namely the right to be present. Through a critical analysis of concepts presented as models for trial in absentia it introduces a new concept for trials ›in absentia‹ which considers both the defendant’s right and duty to be present. The book thereby establishes a connection between legal theory, international criminal procedural law, international human rights law and comparative law on the one hand and – considering the high number of accused of International Criminal Tribunals at large – a highly relevant procedural question on the other hand.
Schlagwörter
Biografische Anmerkung
Lena Mertins studied law at the Universities of Bonn and Buenos Aires, majoring in criminal justice. She then completed internships at the International Criminal Tribunal for the Former Yugoslavia and the Extraordinary Chambers in the Courts of Cambodia. As part of her doctoral studies, she conducted research at the Lauterpacht Centre for International Law of the University of Cambridge. She completed her legal clerkship at the Higher Regional Court of Cologne with stages at the German Embassy in Quito, Ecuador and the Federal Ministry of Justice in the units for state security and international criminal law. Since November 2020 she is a judge at the Regional Court of Aachen.
