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IX. The “Procedural Part” of ICL: Procedural and Evidentiary Norms Applicable to International Criminal Proceedings

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Chapter Summary

International criminal justice institutions have gone through an evolutionary process as those characterizing the evolution of the world's major legal systems, though not necessarily for the same reasons or by the same processes. The International Criminal Tribunal for the former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR), and International Criminal Court (ICC) reflect the "international due process" norms, but they were not arrived at through a process of comparative legal analysis of international and regional "due process" norms. The enumerated rights will be correlated with eleven selected international instruments, and with more than 190 national constitutions. The human rights guarantees investigated in this chapter were derived by the concordance of protected rights in national constitutions and international instruments, which is a valid method of demonstrating the existence of "general principle of law" in international law.

Keywords:human rights; ICTY; International Criminal Court (ICC); international criminal law (ICL); International Criminal Tribunal for Rwanda (ICTR)

10.1163/9789004231696_010
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