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Ch.IX Concluding Remarks

From: Treatise on International Criminal Law: Volume III: International Criminal Procedure

Kai Ambos

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 July 2021

Judges — Pre-Trial Chamber — International criminal law, conduct of proceedings — Sentencing

Fragmentation of models and systems is a feature in international criminal procedure. This concluding chapter proposes a procedural model as a broad general framework in international criminal procedure. It argues that such would leave enough room for its operators, especially the judges, to adjust the procedural rules to their daily procedural realities. The solutions for the relevant issues or the paths to come to these solutions are to be found independently of their inquisitorial or adversarial origin. Of course, a procedural ‘framework model’ needs some guiding principles and there are essentially two—fairness and efficiency/expediency. Understood correctly, these principles do not contradict but complement each other, for it is also in the interest of the suspect/accused that their legal situation is clarified as expedient as possible as long as this does not entail an unacceptable curtailment of their fair trial rights.

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