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Domestic Incorporation of International Criminal Procedure

Published online by Cambridge University Press:  20 January 2017

Nina H. B. Jørgensen
Nina H. B. Jørgensen*
Affiliation:
Chinese University of Hong Kong Faculty of Law
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Extract

Rules of procedure define the relationship between the needs of effective enforcement of international criminal law—grounded in the interest of combating impunity—and the individual rights of those affected by the process. It has been said that criminal procedure is the “most vulnerable part of a liberal legal system.” It is vulnerable in part because it is adaptable. It can be adapted to promote fairness in the interactions between an individual and the state, or it can be manipulated to facilitate abuses by those in power. A fair system charts a course for the discovery of the truth but recognizes that this destination cannot be reached at all costs. For example, confessions obtained under torture are inadmissible under international rules of procedure and evidence.

Type
The National Impact of International Criminal Law
Information
Proceedings of the ASIL Annual Meeting , Volume 109 , 2015 , pp. 273 - 275
Copyright
Copyright © American Society of International Law 2016

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References

1 Reifner, Udo, The Bar in the Third Reich: Anti-Semitism and the Decline of Liberal Advocacy, 32 McGill L. J. 97, 107 (1986)Google Scholar.

2 Assembly of States Parties to the Rome Statute of the International Criminal Court, 12th Session, The Hague, ICC-ASP/12/20, Official Records, Vol. I, ¶ 44 (Nov. 20-28, 2013).

3 Amnesty International Press Release, Libya: Trial of former al-Gaddafi Officials by Video Link a Farce (Apr. 14, 2014).

4 International Criminal Procedure, Rules and Principles (Göran Sluiter et al. eds, 2013).

5 Prosecutor v. Saif Al-Islam Gaddafi and Abdullah Al-Senussi, Case No. ICC-O1/11-01/11 OA 6, Judgment on the Appeal of Mr Abdullah Al-Senussi Against the Decision of Pre-Trial Chamber I of 11 October 2013 entitled “Decision on the Admissibility of the Case Against Abdullah Al-Senussi,” (July 24, 2014), at https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0111/related%20cases/icc01110111/court%20records/chambers/appeals%20chamber/Pages/565.aspx.

6 Id. ¶ 219.