Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings

  • Kelly Pitcher

Part of the International Criminal Justice Series book series (ICJS, volume 16)

Table of contents

About this book


This book provides an in-depth examination of the judicial response at the international
criminal tribunals (ICTs) to the violation of procedural standards in the
pre-trial phase of proceedings. It does so against the backdrop of the assumption that
certain particularities of international criminal proceedings may warrant a different
approach to the matter than at the national level.

By reference to relevant human rights standards and to national criminal procedure,
as well as to theoretical accounts of the judicial response to pre-trial procedural violations,
this book assesses the ICTs’ law and practice in this regard, thereby identifying
points of concern and making suggestions for improvement. In doing so, it considers
the most suitable rationale for responding to procedural violations committed in the
pre-trial phase of international criminal proceedings and the merits of judicial discretion
in this context, as well as the impact of certain particularities of such proceedings
on the determination of how to address procedural violations.

The book is intended for academics and practitioners in the field of (international)
criminal law who want to gain a deeper understanding of the possible impact of
pre- trial procedural violations on criminal proceedings.

Kelly Pitcher is Assistant Professor of Criminal Law and Criminal Procedure at Leiden
University in The Netherlands.


Violation of Procedural Standards Judicial Response Stay of Proceedings Abuse of Process Doctrine Unlawfully Obtained Evidence Exclusion of Evidence Balancing Exercise Seriousness of the Offence Integrity Rationale Right to an Effective Remedy

Authors and affiliations

  • Kelly Pitcher
    • 1
  1. 1.Dept of Criminal Law and Criminal ProcedureLeiden UniversityLeidenThe Netherlands

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