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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Deliberation and Drafting: International Criminal Court (ICC)

Silvia Fernández de Gurmendi

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 04 December 2021

Deliberation and drafting — International courts and tribunals, decisions — Concurring, dissenting, separate, joint or individual opinions — Judicial reasoning — International criminal law, conduct of proceedings

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 The trial of the accused is the centre of gravity of criminal proceedings and its outcome by way of a decision on acquittal or conviction its most important milestone. This is the type of decision that is analysed here, which has become known as ‘Judgment’ or ‘Article 74 Judgment’ in the practice of the International Criminal Court (ICC) (‘the Court’), despite the fact that the term is not expressly used in its legal framework for trial but rather for appeal decisions. 2 There are important legal requirements that need to be met by a Judgment, which have been...
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