Defense Perspectives on International Criminal Justice

4.2.5 Detention Matters -- 4.3 Defense Counsel as a Manager: Establishing the Defense Team -- 4.4 Defense Counsel as an Investigator -- 4.4.1 Collecting Evidence -- Requests for Additional Disclosure -- Request for Access to Confidential Material from Other Cases -- Request to Issue Binding Orders to States -- Affirmative and Special Defenses -- 4.4.2 The Right to Conduct On-Site Investigations to Identify Defense Witnesses -- 4.4.3 Identifying Expert Witnesses -- 4.5 Defense Counsel as a Negotiator - Negotiations for a Plea Agreement -- 5 Conclusions -- 9 The Role of the Defense in the Trial Stage -- 1 Introduction -- 1.1 Brief Overview of Pre-Trial Activities That Affect Trial Activities -- 1.2 General Overview of Trial Activities -- 1.2.1 Preparation during Trial -- 1.2.2 Examination of Witnesses -- 1.2.3 Chaptering the Examination -- 1.2.4 Preparation -- 1.2.5 Preparing the Defense Witness -- 1.2.6 Examination of Expert Witnesses -- 1.2.7 Investigation during Trial -- 1.3 Motion Practice during Trial -- 1.4 Differences between the Role of Counsel at Trial in Mixed Civil and Common Law Systems (ICTY/ICTR/ICC) and Civil Law Systems (ECCC) -- 1.4.1 The Mixed Civil and Common Law Procedures in the International Courts -- 1.4.2 The Civil Law-Based Procedures at the ECCC -- 1.4.3 Positive and Negative Aspects: Common Law-Based Tribunals v. Civil Law-Based Tribunals -- 1.5 Concluding Remarks -- 10 The Role of Defense Counsel on Appeal -- 1 Introduction -- 2 The Right to Appeal from a Conviction or Sentence in the International Courts -- 3 Filing Notice of Appeal and Filing an Appeal -- 4 Contents of Appellate Briefs -- 5 The Need to Preserve Factual and Legal Errors to Assure Their Review on Appeal -- 6 The Structure and Organization of the Appellate Briefs -- 7 Standards of Review on Appeal -- 8 Interlocutory Appeals