RT Article
T1 The challenge of an international criminal trial as seen from the bench
JF Journal of international criminal justice
VO 5
IS 2
SP 360
OP 376
A1 Kwon, O-Gon
LA English
PP S.l.
PB SSRN
YR 2007
UL https://krimdok.uni-tuebingen.de/Record/152613358X
AB The untimely death of Slobodan Miloaevi  has brought into sharp focus the central challenge facing the judges of the International Criminal Tribunal for the former Yugoslavia: the length and complexity of trials, especially those involving high-level accused. The judges of the Tribunal have found themselves faced with the daunting task of how to change the existing procedures to be able to dispose of increasingly complex cases in a shorter period of time, while still respecting the right of the accused to a fair trial. The author focuses on three provisions of the Rules of Procedure and Evidence allowing  hybrid  mechanisms between common-law and civil-law systems to speed up proceedings: (i) procedures for the admission of written statements and transcripts in lieu of oral testimony; (ii) judicial notice of facts adjudicated in previous cases before the Tribunal; and (iii) measures to reduce the size of cases, including allowing for the dropping of charges from an indictment to focus on more important or exemplary charges. All these mechanisms bear evidence of the ongoing process of  internationalization  of criminal procedure. The author concludes that the task of speeding up trials requires a considerable amount of vision and mutual understanding on the part of the judges
DO 10.1093/jicj/mql094