The Accusation Model Before the International Criminal Court

Study of Convergence of Criminal Justice Systems

  • Hanna Kuczyńska

Table of contents

  1. Front Matter
    Pages i-xiii
  2. Hanna Kuczyńska
    Pages 61-122
  3. Hanna Kuczyńska
    Pages 123-183
  4. Hanna Kuczyńska
    Pages 297-360
  5. Hanna Kuczyńska
    Pages 395-409

About this book

Introduction

This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland. 

The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor’s independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor’s discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor’s choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings.

The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?

Keywords

Ad hoc tribunals ICTR ICTY International Criminal Court International criminal procedure Judicial system Legal tradition Model of accusation Prosecutor of the International Criminal Court convergence of legal systems

Authors and affiliations

  • Hanna Kuczyńska
    • 1
  1. 1.Institute of Law StudiesPolish Academy of SciencesWarsawPoland

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-17626-0
  • Copyright Information Springer International Publishing Switzerland 2015
  • Publisher Name Springer, Cham
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-319-17625-3
  • Online ISBN 978-3-319-17626-0
  • About this book