Week 1: Introduction

Internationalised courts

courts that are still established by international law/treaty, but in terms of applicable law is a mixture of international law and national law

\-> relevance to IC Procedure is Limited

Nuremberg (IMT) and Tokyo (IMTFE)

Tribunals

Procedure mainly based on adversarial model

ICTY and ICTR

§ Procedure mainly based on adversarial model

§ Judge made law, elements of inquisitorial law, especially

admission of evidence

ICC: 1998, entry into force 1 July 2002

\-Procedure contains more inquisitorial elements, such as confirmation of charges, PTC, role for victims

\-Procedural rules determined by state parties in 2002 - little flexibility

\-3 trials (and 3 appeals)

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Turner Reading “Pluralism in International Criminal Procedure” (2018)

Pluralism in International Criminal Procedure

→Project ‘Rules and Principles of ICP’ (taking note of procedural rules different tribunals and evaluating them on the following basis:)

A) Stocktaking – what rules are shared by international

criminal tribunals?

B) Evaluation – do these rules comply with important

values, such as human rights law, and goals of ICP?

C) Rules and Principles – commonly shared rules, that have

been evaluated positively

D) Filling the gaps – recommendations, because there

was not enough common ground to create a

comprehensive set of rules and principles