The chapter presents an overview of the procedural arrangements adopted at the international criminal jurisdictions, namely the UN ad hoc tribunals for the former Yugoslavia and Rwanda and the International Criminal Court (ICC), covering the main milestones from the initiation of the investigation to trial phase to appeals against the judgment and sentence and review. Before delving into the trajectories of an criminal case before international criminal courts and tribunals, the chapter highlights the origins of international criminal procedure in the common law (Anglo-American, or ‘adversarial’) and civil law (Continental, or ‘inquisitorial’) approaches, resulting in its legal nature as a hybrid scheme where the balance between the domestic influences varies by tribunal and over time due to reforms pursued by judge-legislators (ICTY and ICTR) or by states and, to a lesser extent, judges (ICC). The chapter reviews the role and functions of the main actors in international criminal proceedings, including repeat or professional players (judges, prosecutors, and defence) and other participants such as victims and witnesses and states and international organisations. It also highlights the normative importance of human rights to international criminal process and the imperative of complying with the principles of public, fair and expeditious proceedings.

The procedural regime of the International Criminal Court is largely a hybrid of two systems, the adversarial approach of the English common law and the inquisitorial approach of the Napoleonic code and other European legislations of the Romano-Germanic tradition. The trial procedure is not specified in detail in the Statute or in the Rules, and a large degree of latitude to the judges in this respect. The trial is to take place at the seat of the Court, in The Hague, unless otherwise decided. In absentia trial is explicitly prohibited although the accused may be absent for part of the proceedings in certain circumstances. Subject to exceptions, the trial is public. Detailed procedural guarantees for the defence are set out, including a robust provision on the presumption of innocence. When the prosecution has finished presenting its evidence, the Trial Chamber may allow a ‘no case to answer’ motion. Special rules apply if the defendant chooses to plead guilty. Regulation 55 allows the judges to reformulate the charges while the trial is underway. When the trial is completed, the Trial Chamber may issue a decision convicting the accused if it is convinced of guilt beyond a reasonable doubt. Subsequent stages require the Trial Chamber to fix the sentence and then rule on reparations for victims. There is an unqualified right of appeal from the final verdict as well as appeals with permission of the Trial Chamber of decisions issued in the course of the trial, for example on matters of procedure and evidence.

This chapter provides a general picture of the criminal justice system in Hong Kong. It highlights the roles and powers of key criminal justice agencies including the Hong Kong Police Force (HKPF), the Independent Commission Against Corruption (ICAC) and the prosecution. It includes discussion of police powers and prosecutorial decision-making. This chapter also goes through the criminal procedure, drawing attention to key decision points such as bail, court venue, the plea and the standard of proof. It concludes by looking at the various sentencing options at the court’s disposal.