Friday 19 February 2010

International Criminal Law Services has completed a study on how the International Criminal Court can learn from the experiences of other hybrid and international criminal courts.


The International Criminal Court and the experience of other International and Hybrid Criminal Courts25 Jan 2010
International Criminal Law Services (ICLS) has published its recent study, “Suggestions for Future Lessons-Learned Studies: The Experience of Other International and Hybrid Criminal Courts of Relevance to the International Criminal Court.”
This report is especially timely, given the upcoming ICC Review Conference of the Rome Statute in May/June, 2010.  The report asks whether there are lessons yet to be learned in relation to other international and hybrid criminal courts that could help the ICC meet its key challenges more proficiently and efficiently.  It is based on a combination of a review of over 200 articles, books, reports and court documents, and interviews with senior officials from the ICC and other international courts, ASP representatives, and experts on the ICC from civil society.

It concludes that, although the ICC has realised some remarkable achievements to date, there may be lessons from other tribunals that is has yet to learn.

According to the report, areas in which the ECCC, ICTR, ICTY, SCSL and STL may still hold lessons for the ICC include: governance of the court and ASP and the proper relationship between these bodies; case selection by the prosecution; defence issues and self-representation; victim and witness issues; field offices and investigations; and support and cooperation, implementing legislation, complementarity and related issues.

ICLS hopes that the report will spur closer scrutiny of lessons the ICC has yet to learn, as well as comprehensive studies learning lessons from other international and hybrid criminal courts in areas found to be of potential relevance to the ICC.

Download the report here.

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