Ch.I The Framework of International Criminal Procedure: Conceptual Foundations, Origins, Goals, and Rights

Subject(s):

International criminal law, victims — International criminal law, conduct of proceedings — International courts and tribunals, decisions

This introductory chapter is an overview of international criminal procedure. More specifically, it discusses the conceptual foundations of international criminal procedure, and clarifies the dichotomy between the inquisitorial ‘civil law’ and the adversarial ‘common law’ process. The chapter next traces the history of international criminal procedure, focusing in particular on the emerging international criminal procedure and the relevant courts and tribunals which provide better understanding into modern developments. The goals of international criminal justice—under which category the international criminal procedures fall—are then outlined. Finally, the chapter delves into the rights of the accused—the rights enjoyed by the defendants in international criminal proceedings—which are generally recognized in universal and regional human rights instruments.