Week 1: Introduction
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Last updated 1:11 PM on 12/13/22
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5 Terms
1
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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
\-> relevance to IC Procedure is Limited
2
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Nuremberg (IMT) and Tokyo (IMTFE)
Tribunals
Tribunals
Procedure mainly based on adversarial model
3
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ICTY and ICTR
§ Procedure mainly based on adversarial model
§ Judge made law, elements of inquisitorial law, especially
admission of evidence
§ Judge made law, elements of inquisitorial law, especially
admission of evidence
4
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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)
\
\-Procedural rules determined by state parties in 2002 - little flexibility
\-3 trials (and 3 appeals)
\
5
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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
→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