The Power of National Courts to Compel the Production of Evidence and its Limits. An Amicus Curiae Brief to the International Criminal Tribunal for the Former Yugoslavia.
Ambos/Eser, The power of national courts to compel the production of evidence and its limits. An amicus curiae brief to the International Criminal Tribunal for the Former Yugoslavia. 6 European Journal of Crime, Criminal Law and Criminal Justice 3-20 (1998).
18 Pages Posted: 9 Dec 2014
Date Written: 1998
The paper contains an amicus curiae brief submitted by the authors on behalf of the Max Planck Institute for Foreign and International Criminal Law to the ICTY Appeals Chamber. It deals with the question of the power of national courts to compel the production of evidence and the limits of this power, especially with regard to information concerning matters of national security. The issue has taken centre stage in the trial of Croatian general Tihomir Blaskic since the Croatian authorities refused to hand over highly relevant evidence to the Prosecutor and the Tribunal invoking national security concerns.
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