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Mark Mackarel

Lecturer

About Research

Mark's degree is in International Criminal Law LLM; Law LLB (Hons) and was previously at the University of Dundee from 1997-2013.  He has taught extensively at undergraduate and postgraduate levels and supervised both LLM and PhD candidates.

Mark's teaching expertise centres on Legal Systems, International Criminal Law, Criminal Law, Evidence, Human Rights. 

Modules:

  • 20LAW4008 Sources of Law and Academic Legal Skills
  • 20LAW4007 Legal Process and the Introduction to the Practice of Law
  • 20LAW4010 Human Rights Law.

Research

Mark's main research areas include International Criminal Law, the International Criminal Court and international co-operation in criminal matters, particularly extradition and mutual assistance.

Mark's research activity has focussed on a range of aspects of international criminal law including developing procedural and evidential rules at international criminal tribunals (including the international criminal court) and examining the development of processes for cross border co-operation in criminal matters and mutual assistance provisions (in particular, the European Arrest Warrant) He has published a series of articles examining the implementation and introductory period of the European Arrest Warrant and which consider whether the protections under the traditional extradition process and the European Convention on Human Rights remain for defendants and fugitives subject of the Warrant.  This work considered the balance between the needs of prosecuting authorities dealing with cross border crime and the rights of the individual. 

Other work has reviewed a range of procedural and evidential issues arising before international criminal tribunals and considered the extent to which they inform practice at the International Criminal Court.

Future Research:

His future work will consider the emerging issues for law enforcement agencies and prosecuting authorities in responding to cross border and organised crime and on how effectively the International Criminal Court is developing in being able to prosecute crimes against international law.

PhD Supervision:

  • International Criminal Law and Procedure
  • International Co-operation in Criminal Matters
  • Transnational and organised crime

Publications:

  • Commentary on Decision on Prosecution Appeal against the Trial Chamber’s Decision on 2 August 2004 refusing leave to file an interlocutory appeal, CDF Case, A. Ch., 17 January 2005.  In ‘Annotated Leading Cases of International Criminal Tribunals (Vol. 21)’.  Eds Klip, A. & Sluiter, G.  (2010).  Intersentia, Antwerp.  pp. 693-697.
  • Human Rights as a barrier to Surrender,  in 'The European Arrest Warrant in Practice', Eds. Keijzer, N. & van Sliedregt, E.  (2009) The Hague, T.M.C. Asser.  pp. 139-156.
  • Commentary on Decision on Fatmir Limaj’s Request for Provisional Release, Prosecutor v. Limaj, Bala and Musliu, Case No. IT-03-66-PT, A Ch., 31 October 2003. In ‘Annotated Leading Cases of International Criminal Tribunals (Vol. 15)’.  Eds Klip, A. & Sluiter, G.  (2008).  Intersentia, Antwerp. pp. 16-20.
  • Surrendering the Fugitive – The European Arrest Warrant and the United Kingdom.  2007 71 Journal of Criminal Law 362.
  • The European Arrest Warrant – The Early Years.  Implementing and Using the Warrant. 2007 15 European Journal of Crime, Criminal Law and Criminal Justice 37-65.
  • Evidentiary Issues before the ICTY – Rebuttal, Use of Prior Statements and Previously submitted Testimony.  Commentary and analysis.  In ‘Annotated Leading Cases of International Criminal Tribunals (Vol. 7)’.  Eds. Klip, A. & Sluiter, G.  (2005).  Intersentia, Antwerp. pp. 130-134.

Conference Papers:

  • Developments in the exchange and admissibility of evidence in criminal cases in the European Union.  United Kingdom Association of European Lawyers Conference, ‘EU Criminal Law’, Edinburgh, 22nd February 2013.