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

See all articles by Albin Eser

Albin Eser

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Foreign and International Criminal Law

Kai Ambos

University of Goettingen (Gottingen)

Date Written: 1998

Abstract

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.

Suggested Citation

Eser, Albin and Ambos, Kai, 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. (1998). 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).. Available at SSRN: https://ssrn.com/abstract=2535265 or http://dx.doi.org/10.2139/ssrn.2535265

Albin Eser

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Foreign and International Criminal Law ( email )

73 Guenterstalstr.
Freiburg i. Br., 79100
Germany

Kai Ambos (Contact Author)

University of Goettingen (Gottingen) ( email )

Platz der Göttinger Sieben 5
Göttingen, 37073
Germany

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