"International Criminal Procedure and Disclosure" analyses the different interpretations of disclosure rules at the International Criminal Court (ICC) and introduces a new disclosure regime, where the parties will be able to actually foresee the consequences of their conduct (i.e. non-disclosure). Through a critical case law analysis Heinze illustrates that an inconsistent classification of the nature of the ICC-process has - via the application of a contextual interpretation - a direct impact on decisions about concrete procedural issues, of which disclosure is the most prominent example. For this very reason Heinze re-classifies the ICC-process and concludes that the ICC is a hierarchically structured international organisation with a "policy-implementing" form of procedure, that nevertheless contains adversarial elements usually found in a system of coordinate authority with a "conflict-solving" form of justice. This classification serves as a "general jurisprudence" in its technical sense, which enables the Judges to conduct a coherent contextual interpretation. The book thereby establishes a connection between legal theory, philosophy, sociology and comparative law on the one hand and a highly relevant procedural question on the other hand.
International Criminal Procedure and Disclosure: An Attempt to Better Understand and Regulate Disclosure and Communication at the ICC on the Basis of a Comprehensive and Comparative Theory of Criminal
A. Introduction and Abstract
The Problem - Methodology
B. The Four Issues
Introduction - Truth and the Pre-Trial Chamber - Exculpatory Evidence - Analysis of the Relevant Evidence - General Communication Obligations: Broad or Narrow
C. Case-by-case Approach or Consistency
The Problem of the Case-by-case Approach - So What? Or: Is Consistency Necessary?
D. How to Interpret the Law at the ICC - Methodology of the ICC?
Sources - Interpretation - Finding or Justification
E. Interpretation of the ICC Disclosure Regime
The Applicable Law - Methods of Interpretation - A New Contextual Interpretation - Damaska and ICC Procedure
F. Prosecution Disclosure Before the ICC from a Comparative Perspective with a View to Damaska's Models
Approach - General - Disclosure Obligations Independent from Trial Stages: Exculpatory Material - Disclosure Obligations Independent from Trial Stages: Documents and Tangible Objects - Disclosure Obligations Independent from Trial Stages: Prior Statements of the Prosecution Witnesses and Names of Witnesses - Prosecution Disclosure Prior and at the Confirmation Hearing - Sanctions - Conclusion
G. The Solution
Active Judge - The Parties and the System in General - Communication and Registration - Summary and Concluding Remarks
Bibliography
Subject Index