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A person under investigation for the commission of an offense is constitutionally guaranteed certain rights. One of the most cherished of these is the right "to have competent and independent counsel preferably of his choice". The Constitution, unlike its predecessors, expressly covenants that such guarantee "cannot be waived except in writing and in the presence of counsel". In the present case, petitioner claims that such proscription against an uncounselled waiver of the right to counsel is applicable to him retroactively, even though his custodial investigation took place in — long before the effectivity of the new Constitution. He also alleges that his arrest was illegal, that his extrajudicial confession was extracted through torture, and that the prosecution's evidence was insufficient to convict him.
UBC Theses and Dissertations. The thesis covers the need for justice for victims of such crimes, the history of the laws of war, war crimes and their prosecution, the need for an interdiction instrument, the legal basis for acting with force to arrest indictees, the use of military force to effect such arrests, and some of the various political and practical issues that arise in such use of force.