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The Criminal Procedure before the International Criminal Court: Main Features

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image of The Law & Practice of International Courts and Tribunals

This article provides a broad and comprehensive overview so as to confirm the starting assumption that the ICC proceedings do not entirely mirror either the adversarial or the inquisitorial system. Elements drawn and inspired from both traditions are to be found in the Rome Statute and the other institutive instruments of the Court which concur to create an innovative procedural framework aimed at preserving the fairest and most efficient features of both. It will be for the Court's practice to show whether this framework will be able to live up to the ambitious goal pursued by the Rome Conference: the creation of a model for international criminal justice which is not only fair and impartial (both requirements being necessary in order to achieve any form of justice), but is also efficient and expeditious.


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