| Title: | Ljubljana-The Hague Convention in the context of cross-border gathering of evidence |
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| Authors: | ID Stajnko, Jan (Author) |
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| Files: |  Ljubljana-The-Hague-Convention-in-the-Context-of-Cross-Border-Gathering-of-Evidence.pdf (468,09 KB)
MD5: 02461723E0DE65C6E365E2777C8E066C
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| Language: | English |
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| Work type: | Unknown |
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| Typology: | 1.08 - Published Scientific Conference Contribution |
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| Organization: | PF - Faculty of Law
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| Abstract: | On the 26 May 2023, the Convention on International Co¬ operation in the Investigation and Prosecution of Genocide, Crimes against Humanity, War Crimes and other International Crimes was adopted in Ljubljana, Slovenia. This contribution focuses on how the Convention closes the existing practical and legal gap hampering cross-border gathering of evi¬ dence in investigations focusing on core international crime. To this end, the drafting process and goals of the Convention are briefly outlined, before the author dissects its general provisions related to each phase of a request for mutual legal assistance: issuing of the request, its transmission to the execut¬ ingauthority, grounds for its refusal, and the execution phase (including the speciality principle and sharing of evidence via CICED). The Convention also contains some particularly detailed rules regarding specific requested for in¬ vestigation measures. Clauses on hearings by video-conference and joint in¬ vestigation teams are particularly well developed and therefore analysed by the author. However, even particularly well thought out provisions can only reach their potential if the Convention is signed by a sufficient number of states willing to end impunity for core international crime. The author argues that, beyond these considerations, for WB states, supporting the Convention is also in line with the Western Balkans Criminal Justice initiative promoted by Eurojust. He concludes that, by signing the Convention, any state sends a strong signal to the EU and its citizens that is aligned with European values. |
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| Keywords: | MLA Initiative, core international crime, mutual legal assistance, international criminal law, mla convention |
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| Publication version: | Version of Record |
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| Publication date: | 01.01.2025 |
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| Year of publishing: | 2025 |
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| Number of pages: | Str. 589-605 |
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| PID: | 20.500.12556/DKUM-95727  |
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| UDC: | 343 |
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| COBISS.SI-ID: | 253338883 |
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| DOI: | 10.51204/Zbornik_UMKP_25128A |
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| Publication date in DKUM: | 16.10.2025 |
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| Views: | 170 |
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| Downloads: | 7 |
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| Metadata: |    |
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| Categories: | Misc.
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