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A Review Of The Experiences Of The Pre-Trial And Appeals Chambers Of The International Criminal Court Regarding The Disclosure Of Evidence

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Chapter Summary

This chapter examines some of the issues that have arisen in the Pre-Trial Chamber (PTC) and Appeals Chamber of the International Criminal Court (ICC) on disclosure of evidence, and offers some ideas on how to improve the overall procedure. The chapter discusses the origins of the PTC including the U.S. delegation's opposition to legislating proprio motu powers for the Prosecutor. The Extraordinary Chambers in the Courts of Cambodia (ECCC) experience demonstrates that there is a way, at least in theory and very soon perhaps in practice as well, for a fusion of common law and civil law in the pre-indictment phase of atrocity crime investigations. A new methodology for the ICC, in particular its PTC, could arise from two options; the options are explained in the chapter. The chapter also analyses the performance of PTC I, so far.

Keywords: Appeals Chamber; atrocity crimes; ECCC; International Criminal Court (ICC); Pre-Trial Chamber (PTC)



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