TY - JOUR
T1 - International Criminal Procedure; International Prosecutors; International Criminal Procedure: Principles and Rules
AU - Bantekas, Ilias
PY - 2013/1/1
Y1 - 2013/1/1
N2 - The common thread underpinning all three books is their subject matter, namely international criminal procedure. The very fact that three voluminous books not only discuss criminal procedure from an international law perspective but moreover endeavour to assess to what degree it may have been transformed into a principled and distinct body of rules from its domestic counterparts is a significant development of its own right. No doubt, the criminal procedure of existing international criminal tribunals emerged from a process of synthesis and syncretism involving principles of domestic criminal procedure. This should not be taken for granted, however, given that the judges in the ICTY and ICTR came from far distinct legal cultures and it is not at all certain that the authority of one legal tradition in a particular field simply overtook others. Such processes are usually far more complex and involve numerous discussions and a tug-of-war that is sustained by academic writing, judicial alliances and the weight of internal precedent.
AB - The common thread underpinning all three books is their subject matter, namely international criminal procedure. The very fact that three voluminous books not only discuss criminal procedure from an international law perspective but moreover endeavour to assess to what degree it may have been transformed into a principled and distinct body of rules from its domestic counterparts is a significant development of its own right. No doubt, the criminal procedure of existing international criminal tribunals emerged from a process of synthesis and syncretism involving principles of domestic criminal procedure. This should not be taken for granted, however, given that the judges in the ICTY and ICTR came from far distinct legal cultures and it is not at all certain that the authority of one legal tradition in a particular field simply overtook others. Such processes are usually far more complex and involve numerous discussions and a tug-of-war that is sustained by academic writing, judicial alliances and the weight of internal precedent.
U2 - 10.1163/15718123-01305007
DO - 10.1163/15718123-01305007
M3 - Literature review
SN - 1567-536X
VL - 13
SP - 1063
EP - 1074
JO - International Criminal Law Review
JF - International Criminal Law Review
ER -