The Serendipitous Nature of the icc Trial Proceedings Risks the icc’s Credibility

in Justice Without Borders
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This chapter considers whether the ad hoc nature of icc trial proceedings risks undermining the icc’s credibility. The Rome Statute and the icc Rules of Procedure and Evidence have sufficient constructive ambiguity as to how trials should be conducted such that, depending on the serendipitous composition of the Trial Chamber, trials can be shaped in a more ‘adversarial’ or more ‘inquisitorial’ fashion. This malleability, which may have been the result of a diplomatic compromise, has resulted in ad hoc trial proceedings at the icc; no two trials are conducted in the same manner. Since the hallmarks of any good court are uniformity, predictability, and reliability in its proceedings, does this feature, which is unique to the icc, risk undermining the legitimacy of the icc’s judgments and, inexorably, the icc itself?

Justice Without Borders

Essays in Honour of Wolfgang Schombourg

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