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Chapter Summary

The achievements of the ICTY and the ICTR have contributed to paving the way to the creation of the ICC and of hybrid courts such as the Special Court for Sierra Leone, the Special Panel for Serious Crimes in East Timor, and the embryonic court for Cambodia. The Milošević Trial is arguably of a scale and complexity greater than any since Nuremberg. This chapter suggests that a mix of common law and civil law procedures, true to the unique circumstances of the international criminal tribunals, might lead to fair trials that would be efficiently prosecuted while leading to judgments that would stand the test of history. It argues throughout that, in assessing the requirement for further procedural innovations when conducting thee cases, it is crucial to take into account the specific nature of war crimes trials in international tribunals.

Keywords: civil law procedures; common law procedures; ICTR; ICTY; Milošević Trial; Nuremberg; Special Court for Sierra Leone; war crimes trials

10.1163/ej.9789004145870.i-315.6
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