Room for improvement of international criminal procedure

Room for improvement of international criminal procedure 27 October 2011

International criminal courts each have their own particular procedural rules. Our researchers compared them and formulated best practices. And they formulated more than 50 suggestions for improving these procedures. 

Each international and internationalised criminal court or tribunal has its own procedural rules. What can they learn from each other and where do differences lead to problems? In this early stage of developing international criminal procedure, much is still unknown. Some rules exist on paper, but are not yet applied or explained by any of the courts. Other rules and procedures, while shared between all the courts, are rather open ended. They do not give much guidance to the potential users of the rules. Differences in the formulation of other rules leads to inconsistencies in the procedures of the different courts. 

This is the outcome of a HiiL research project conducted in cooperation with the University of Amsterdam.  It is the world’s first comprehensive review of criminal procedure in international criminal law.  To overcome the deficiencies, the researchers, including experts from international courts and tribunals, have formulated more than 50 recommendations for improving rules in regard of every phase of international criminal procedures.