Is all Fair in Love and War Crimes Trials? Regulation 55 and the Katanga Case

in International Criminal Law Review
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The use of Regulation 55 and the recent Katanga judgment at the International Criminal Court have attracted criticism – not just from outside commentators but most notably from within the Chamber through the dissenting opinion of Judge Van den Wyngaert. This commentary reflects on the re-characterisation of charges in the Katanga case and the resultant judgment, in particular with reference to fair trial requirements. It argues that fundamental discrepancies between the judges’ interpretation of their fact-finding and truth-seeking remit exist and suggests that there is a need for coherent jurisprudence and clarification on the way the International Criminal Court tackles such essential disagreements.

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31

The War Crimes Research Office, supra note 6. In fact, litigation on the use of Regulation 55 can also be found in the Lubanga, Gombo, Ruto and Sang as well as the Kenyatta case (ibid.).

63

Kaul, supra note 27, p. 376.

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