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The Legacy of the International Criminal Tribunal for the Former Yugoslavia$
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Bert Swart, Alexander Zahar, and Göran Sluiter

Print publication date: 2011

Print ISBN-13: 9780199573417

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199573417.001.0001

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Procedural Structure and Features of International Criminal Justice: Lessons from the ICTY

Procedural Structure and Features of International Criminal Justice: Lessons from the ICTY

Chapter:
(p.108) 4 Procedural Structure and Features of International Criminal Justice: Lessons from the ICTY
Source:
The Legacy of the International Criminal Tribunal for the Former Yugoslavia
Author(s):

Albin Eser

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199573417.003.0005

When people speculate over international criminal tribunals as a success or a failure, the answer very much depends on what one expected. Therefore, the first question to be clarified must be the identification of the substantive aims to be pursued by international criminal justice, the procedural means to be employed, and the modes by which they should be performed. With particular focus on ‘adversarial’ or ‘inquisitorial’ structures and features of the procedure, this chapter examines how to improve the search for truth, to guarantee fairness, to enhance expediency, to promote reconciliation, and to record historical findings. Along this line particular attention is paid to the role of the parties, witness proofing, plea bargaining, equality of arms, impartiality of the judges, self-representation of the defendant, and measures to speeding up proceedings.

Keywords:   adversariality, expediency, equality of arms, fairness, historical records, impartiality of the judges, inquisitorial features, plea bargaining, self-representation, search of truth

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