Disclosure before the ICC: The Emergence of a New Form of Policies Implementation System in International Criminal Justice?

in International Criminal Law Review
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?

Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.


Have Institutional Access?

Access content through your institution. Any other coaching guidance?



The use of theoretical models, the most famous of which is the distinction between accusatorial and inquisitorial, is decisive in testing the intrinsic consistency of a specific procedural system. The aim of this work is to analyse some aspects of the law of evidence provided for by ICC sources, specifically the disclosure provisions, and ascertain whether the blending of different legal traditions may be regarded as successful or subject to criticism. For this purpose, in his analysis the Author employs the widely known Damaška partition between coordinate vs. hierarchical officialdom, in the administration of the process. The conclusion reached in this work is that some amendments to the sources of the ICC concerning the law of evidence would be advisable, in order to rectify certain inconsistencies. Among them, the author proposes the adoption of an official Prosecutor's file in the pre-trial phase.



Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 14 14 3
Full Text Views 1 1 1
PDF Downloads 2 2 2
EPUB Downloads 0 0 0