Hostname: page-component-78c5997874-ndw9j Total loading time: 0 Render date: 2024-11-05T16:41:17.628Z Has data issue: false hasContentIssue false

Tempered Adversariality: The Judicial Role and Trial Theory in the International Criminal Tribunals

Published online by Cambridge University Press:  06 December 2004

Abstract

International criminal procedure (ICP) has fluctuated uncertainly between common- and civil-law procedural principles. Consensus on the principles underlying ICP is needed to ensure consistent standards of justice. The article begins by comparing criminal procedure in common- and civil-law systems, and describes the theories underlying the trial and judicial role in these systems. It then compares ICP to civil- and common-law criminal procedure. This comparison establishes the scope of judicial powers that can be exercised by international criminal judges. These powers differ from those exercised by both common- and civil-law judges. The article concludes by arguing that ICP is based on a new theory of the trial: the theory of ‘tempered adversariality’.

Type
HAGUE INTERNATIONAL TRIBUNALS: International Criminal Tribunals for the Former Yugoslavia and Rwanda
Copyright
© 2004 Foundation of the Leiden Journal of International Law

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)