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2. The Adopted System: a Combination Leading to a Sui Generis System

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Chapter Summary

The recent history of international tribunals, starting with the Nuremberg and Tokyo Tribunals, going through the U.N. ad hoc Tribunals for Yugoslavia, Rwanda until the establishment of the International Criminal Court (ICC), has witnessed an ongoing compromise between the legal systems and their criminal procedures. The international tribunals are somewhat bewildered between reliance on the investigations of third parties on the one hand, and diminishing the barrier of evidence on the other hand. Such indecision between legal systems requires that the judges balance the weight of all evidence brought before them: either by themselves or by the defence in many cases. In light of the need to weigh evidence by the international tribunals, they are neither "passive" nor "active". They are sui generis types of courts, which have to balance between the rights of the defendants to a fair trial.

Keywords: International Criminal Court (ICC); international tribunals; legal systems; sui generis



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