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12 - Conclusion

Published online by Cambridge University Press:  05 August 2011

Gideon Boas
Affiliation:
Monash University, Victoria
James L. Bischoff
Affiliation:
U.S. Department of State
Natalie L. Reid
Affiliation:
Debevoise & Plimpton LLP, New York
B. Don Taylor III
Affiliation:
ICTY, The Hague, The Netherlands
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Summary

This volume examines the tangible body of rules and practices applied in the international criminal tribunals during the various steps of an international criminal prosecution: investigation; arrest; detention; charging; disclosure and other pre-trial preparation; guilty pleas; trial; appeal and other post-conviction relief; punishment; and imprisonment. It also reviews other procedures essential to conducting effective investigations and fair and expeditious trials, including rules and practices on admissibility of cases, evidence, and case management; and rules relating to the issuing of orders to states and private individuals; to the assignment of defence counsel and self-representation; the election, appointment, and recusal of judges; victim participation; and reparations.

In considering this vast array of issues, we have endeavoured, first and foremost, to explain the rules of procedure and give examples of how they function in practice. At the same time, we have sought to grapple with some of the more fundamental themes that are intertwined in the legal framework of international criminal procedure, including the ways in which international criminal tribunals and their creators constructed this area of law; how they have shaped its evolution to meet new challenges and changing circumstances; whether this effort has been successful; and whether it has adversely affected other important interests. Many of the rules of international criminal procedure seek a balance between two interests that are frequently in opposition. The international community, and especially victims, demand swift and effective justice for those who are responsible for mass atrocities.

Type
Chapter
Information
International Criminal Law Practitioner Library
International Criminal Procedure
, pp. 462 - 474
Publisher: Cambridge University Press
Print publication year: 2011

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References

Kwon, O-Gon, ‘The Challenge of an International Criminal Trial as Seen from the Bench’, (2007) 5 Journal of International Criminal Justice360, 364–368CrossRefGoogle Scholar
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Zahar, Alexander, ‘International Court and Private Citizen’, (2009) 12 New Criminal Law Review569, 576Google Scholar
Burke-White, William W., ‘The International Criminal Court and the Future of Legal Accountability’, (2003) ILSA Journal of International and Comparative Law195, 196Google Scholar
Hunt, David, ‘The International Criminal Court: High Hopes, “Creative Ambiguity” and an Unfortunate Mistrust in International Judges’, (2004) 2 Journal of International Criminal Justice56, 61CrossRefGoogle Scholar
Zeidy, Mohamed M. El, ‘The Principle of Complementarity: A New Machinery to Implement International Criminal Law’, (2002) 23 Michigan Journal of International Law869, 909–910, 918, 969–970Google Scholar
Turone, Giuliano, ‘Powers and Duties of the Prosecutor’, in Antonio Cassese, Paola Gaeta, and John R.W.D. Jones (eds.), The Rome Statute of the International Criminal Court: A Commentary, Vol. I (2002), p. 1163Google Scholar
Boas, Gideon, Bischoff, James L., and Reid, Natalie L., Elements of Crimes Under International Law (2008), pp. 302–303
Schabas, William A., ‘Prosecutorial Discretion v. Judicial Activism at the International Criminal Court’, (2008) 6 Journal of International Criminal Justice731, 757CrossRefGoogle Scholar
Scheffer, David J., ‘The United States and the International Criminal Court’, (1999) 93 American Journal of International Law12, 19CrossRefGoogle Scholar
Hafner, Gerhard, Boon, Kristen, Rübesame, Anne, and Huston, Jonathan, ‘A Response to the American View as Presented by Ruth Wedgwood’, (1999) 10 European Journal of International Law108, 116–120CrossRefGoogle Scholar

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