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Journal of International Criminal Justice 2003 1(3):603-617; doi:10.1093/jicj/1.3.603
© 2003 by Oxford University Press
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Symposium

The Procedural Law of the International Criminal Court in Outline: Anatomy of a Unique Compromise

Claus Kress1

1 The Department of Foreign and International Criminal Law, University of Cologne

The language used in the procedural law of the International Criminal Court (ICC) takes neither of the pure forms of the adversarial or inquisitorial models of criminal procedure, nor does it reflect any particular existing hybrid of the two systems. Instead, it offers a unique compromise structure. The appropriate balance between the adversarial and inquisitorial elements has been left to the judges to decide. This paper deals with the ICC procedural macrocosm in two ways. First, it follows the different procedural stages chronologically and identifies a number of key points to which the diplomatic technique of constructive ambiguity has been applied. Secondly, emphasis is placed upon the crucial relationship between Parts 5, 6 and 8 of the Statute of the ICC on the one hand, and Part 9 on international cooperation, on the other. The important issue of witness testimony serves as the key example to demonstrate that taking a closer look at the interplay of what may be called the internal part of the procedural regime with its external component is indispensable for getting an accurate picture of the proceedings before the ICC.


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