Part I Antecedents and context of International Criminal Trials, 3 The Nature and Evolution of the Rules of Procedure and Evidence
Edited By: Karim A. A. Khan, Caroline Buisman, Christopher Gosnell
The original version of the International Criminal Tribunal for Yugoslavia (ICTY) Rules of Procedure and Evidence (ICTY Rules), drafted by the judges, was based, with a very few exceptions, on the common law system. As the accused started arriving to The Hague, the judges realized that they needed more control over the proceedings to expedite the slow, in their view, pace of the trial preparations and trials. Moreover, the judges with the civil law background were getting frustrated with the role of detached arbiters sitting idly above the contest between two...