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How To Achieve Fair And Expeditious Trial Proceedings Before The ICC: Is It Time For A More Judge-Dominated Approach?

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Chapter Summary

This chapter tries to elaborate on the weaknesses of the current international criminal law system while offering some ideas in order to overcome the problems of lengthy international criminal proceedings. It shows that it is time to give judges more responsibility in mainstreaming the proceedings because under the Rome Statute and its Rules of Procedure and Evidence (the Rules) they are vested with the power to change the way trials are conducted. One of the most important reasons which are normally stated in order to find reasons for long international criminal proceedings is the special characteristic of the crimes they are dealing with. The integration of victims into a traditional party proceeding will normally threaten the careful balance which is usually upheld between Prosecution and Defence, disturbing an equilibrium which has been reached over centuries of legal tradition.

Keywords: international criminal law system; international criminal proceedings; legal tradition; Rome Statute



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