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Treatise on International Criminal Law - Volume III: International Criminal Procedure by Ambos, Kai (11th August 2016)

Ch.I The Framework of International Criminal Procedure: Conceptual Foundations, Origins, Goals, and Rights

From: Treatise on International Criminal Law: Volume III: International Criminal Procedure

Kai Ambos

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 19 February 2019

Subject(s):
International courts and tribunals, decisions — International criminal courts and tribunals — International criminal law, victims — Procedure

This introductory chapter is an overview of international criminal procedure. More specifically, it discusses the conceptual foundations of international criminal procedure, and clarifies the dichotomy between the inquisitorial ‘civil law’ and the adversarial ‘common law’ process. The chapter next traces the history of international criminal procedure, focusing in particular on the emerging international criminal procedure and the relevant courts and tribunals which provide better understanding into modern developments. The goals of international criminal justice—under which category the international criminal procedures fall—are then outlined. Finally, the chapter delves into the rights of the accused—the rights enjoyed by the defendants in international criminal proceedings—which are generally recognized in universal and regional human rights instruments.

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