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3 A Methodology for International Criminal Procedure

From: International Criminal Procedure

Christoph Safferling

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 04 July 2022

Subject(s):
International criminal law — International criminal law, conduct of proceedings — Settlement of disputes — Applicable law — International procedural law
International criminal procedure consists of a challenging mixture of criminal law and public international law and is placed in the interstices between different national traditions, experiences, and philosophical ideas about criminal law and criminal procedure. The previous part of this book sought to demonstrate the set of frictions this causes. In this chapter, I set out some thoughts about how to come to terms with this dilemma. We must find a set of methodological parameters which will help to identify the problematic issues and to deal with them in a...
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