Domestic Incorporation of International Criminal Procedure
Domestic Incorporation of International Criminal Procedure
Rules of procedure define the relationship between the needs of effective enforcement of international criminal law—grounded in the interest of combating impunity—and the individual rights of those affected by the process. It has been said that criminal procedure is the “most vulnerable part of a liberal legal system.” It is vulnerable in part because it is adaptable. It can be adapted to promote fairness in the interactions between an individual and the state, or it can be manipulated to facilitate abuses by those in power. A fair system charts a course for the discovery of the truth but recognizes that this destination cannot be reached at all costs. For example, confessions obtained under torture are inadmissible under international rules of procedure and evidence.
273-276
Jørgensen, Nina H.B.
0fed4805-c315-414c-a10a-b292248f0193
1 April 2016
Jørgensen, Nina H.B.
0fed4805-c315-414c-a10a-b292248f0193
Jørgensen, Nina H.B.
(2016)
Domestic Incorporation of International Criminal Procedure.
In Proceedings of the One Hundred Ninth Annual Meeting of the American Society of International Law.
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Conference or Workshop Item
(Paper)
Abstract
Rules of procedure define the relationship between the needs of effective enforcement of international criminal law—grounded in the interest of combating impunity—and the individual rights of those affected by the process. It has been said that criminal procedure is the “most vulnerable part of a liberal legal system.” It is vulnerable in part because it is adaptable. It can be adapted to promote fairness in the interactions between an individual and the state, or it can be manipulated to facilitate abuses by those in power. A fair system charts a course for the discovery of the truth but recognizes that this destination cannot be reached at all costs. For example, confessions obtained under torture are inadmissible under international rules of procedure and evidence.
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Published date: 1 April 2016
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Local EPrints ID: 428699
URI: http://eprints.soton.ac.uk/id/eprint/428699
PURE UUID: 8d10e9b0-d272-48e2-8c31-70c9fc131c53
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Date deposited: 07 Mar 2019 17:30
Last modified: 16 Mar 2024 04:39
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