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Part A Major Problems of International Criminal Justice, IV International Criminal Trials, Problematic Features of International Criminal Procedure

Mirjan Damaška

From: The Oxford Companion to International Criminal Justice

Edited By: Antonio Cassese (Editor-in-Chief)

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 March 2023

Discussion of problematic features of international criminal procedure is impeded by the fact that several underlying issues, important for evaluating the desirability of its arrangements, are unexplored, uncertain or seriously contested. Perhaps most prominent among them is the question of the goals international criminal courts should pursue. The question is important because forms of justice suitable for attaining some ends may not be suitable for attaining others. How can an institution’s procedures and performance be measured, without at least a rough...
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