Commentary (Pre-Trial Detention in the Extraordinary Chambers in the Courts of Cambodia )

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Standard

Commentary (Pre-Trial Detention in the Extraordinary Chambers in the Courts of Cambodia ). / Marchuk, Iryna.

Annotated Leading Cases of International Criminal Tribunals: Extraordinary Chambers in the Courts of Cambodia (7 July 2007-26 July 2010). red. / André Klip; Steven Freeland. Bind 43 Cambridge, Antwerp, Portland : Intersentia, 2015. s. 131-140 (Annotated Leading Cases of International Criminal Tribunals, Bind 43).

Publikation: Bidrag til bog/antologi/rapport › Kommentar › Forskning › fagfællebedømt

Harvard

Marchuk, I 2015, Commentary (Pre-Trial Detention in the Extraordinary Chambers in the Courts of Cambodia ). i A Klip & S Freeland (red), Annotated Leading Cases of International Criminal Tribunals: Extraordinary Chambers in the Courts of Cambodia (7 July 2007-26 July 2010). bind 43, Intersentia, Cambridge, Antwerp, Portland, Annotated Leading Cases of International Criminal Tribunals, bind 43, s. 131-140.

APA

Marchuk, I. (2015). Commentary (Pre-Trial Detention in the Extraordinary Chambers in the Courts of Cambodia ). I A. Klip, & S. Freeland (red.), Annotated Leading Cases of International Criminal Tribunals: Extraordinary Chambers in the Courts of Cambodia (7 July 2007-26 July 2010) (Bind 43, s. 131-140). Intersentia. Annotated Leading Cases of International Criminal Tribunals Bind 43

Vancouver

Marchuk I. Commentary (Pre-Trial Detention in the Extraordinary Chambers in the Courts of Cambodia ). I Klip A, Freeland S, red., Annotated Leading Cases of International Criminal Tribunals: Extraordinary Chambers in the Courts of Cambodia (7 July 2007-26 July 2010). Bind 43. Cambridge, Antwerp, Portland: Intersentia. 2015. s. 131-140. (Annotated Leading Cases of International Criminal Tribunals, Bind 43).

Author

Marchuk, Iryna. / Commentary (Pre-Trial Detention in the Extraordinary Chambers in the Courts of Cambodia ). Annotated Leading Cases of International Criminal Tribunals: Extraordinary Chambers in the Courts of Cambodia (7 July 2007-26 July 2010). red. / André Klip ; Steven Freeland. Bind 43 Cambridge, Antwerp, Portland : Intersentia, 2015. s. 131-140 (Annotated Leading Cases of International Criminal Tribunals, Bind 43).

Bibtex

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title = "Commentary (Pre-Trial Detention in the Extraordinary Chambers in the Courts of Cambodia )",
abstract = "Most international criminal courts and tribunals find provisional detention absolutely necessary to ensure the swift delivery of justice. A decision on pre-trial detention must be in conformity with well-recognized human rights standards, thus respecting the person{\textquoteright}s right to a fair trial and upholding the presumption of evidence. Although the general assumption in criminal law is that pre-trial detention is the exception and not the rule, a number of factors, such as the gravity of the crimes, as well as heightened flight risk of the accused, appear to have reversed the test employed in international criminal courts and tribunals. To date, all provisional detention orders against former members of the inner circle of Pol Pot, except for one, have been re-affirmed on appeal in the ECCC. This commentary appraises the ECCC case law on pre-trial detention from the standpoint of its conformity with international human rights standards and exposes serious deficiencies of judicial reasoning in selected decisions of the Court.",
author = "Iryna Marchuk",
year = "2015",
language = "English",
isbn = "978-1-78068-197-9",
volume = "43",
series = "Annotated Leading Cases of International Criminal Tribunals",
publisher = "Intersentia",
pages = "131--140",
editor = "Andr{\'e} Klip and Steven Freeland",
booktitle = "Annotated Leading Cases of International Criminal Tribunals",

}

RIS

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AU - Marchuk, Iryna

PY - 2015

Y1 - 2015

N2 - Most international criminal courts and tribunals find provisional detention absolutely necessary to ensure the swift delivery of justice. A decision on pre-trial detention must be in conformity with well-recognized human rights standards, thus respecting the person’s right to a fair trial and upholding the presumption of evidence. Although the general assumption in criminal law is that pre-trial detention is the exception and not the rule, a number of factors, such as the gravity of the crimes, as well as heightened flight risk of the accused, appear to have reversed the test employed in international criminal courts and tribunals. To date, all provisional detention orders against former members of the inner circle of Pol Pot, except for one, have been re-affirmed on appeal in the ECCC. This commentary appraises the ECCC case law on pre-trial detention from the standpoint of its conformity with international human rights standards and exposes serious deficiencies of judicial reasoning in selected decisions of the Court.

AB - Most international criminal courts and tribunals find provisional detention absolutely necessary to ensure the swift delivery of justice. A decision on pre-trial detention must be in conformity with well-recognized human rights standards, thus respecting the person’s right to a fair trial and upholding the presumption of evidence. Although the general assumption in criminal law is that pre-trial detention is the exception and not the rule, a number of factors, such as the gravity of the crimes, as well as heightened flight risk of the accused, appear to have reversed the test employed in international criminal courts and tribunals. To date, all provisional detention orders against former members of the inner circle of Pol Pot, except for one, have been re-affirmed on appeal in the ECCC. This commentary appraises the ECCC case law on pre-trial detention from the standpoint of its conformity with international human rights standards and exposes serious deficiencies of judicial reasoning in selected decisions of the Court.

M3 - Comment

SN - 978-1-78068-197-9

VL - 43

T3 - Annotated Leading Cases of International Criminal Tribunals

SP - 131

EP - 140

BT - Annotated Leading Cases of International Criminal Tribunals

A2 - Klip, André

A2 - Freeland, Steven

PB - Intersentia

CY - Cambridge, Antwerp, Portland

ER -

ID: 44145461