Volume II, s.6 International Criminal Proceedings, Ch.34 Accusatorial v. Inquisitorial Approach in International Criminal Proceedings Prior to the Establishment of the ICC and in the Proceedings Before the ICC
Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones
- Prosecution — International criminal law, evidence — International criminal law, victims — Individual criminal responsibility — Judges — International courts and tribunals, procedure
Systems of criminal procedure are often categorized by reference to the family to which they belong: the family of the inquisitorial or of the accusatorial or adversarial systems. The adversarial system is also named the common-law or Anglo-American system, the inquisitorial system also the civil-law system or continental European system. 1 The terms ‘accusatorial’ and ‘inquisitorial’ refer to the determining procedural feature of the systems and do not necessarily correspond to the denomination related to their geographic or legally systematic and historical...