The objective of the course is for students to learn about the complex procedural mechanism that governs the international criminal justice system (as developed starting by Nuremberg and Tokyo Tribunals), which reflects a fusion or choice between civil law (inquisitorial) and common law (adversarial) procedural models. The primary objective of the course, therefore, is to provide students with an in-depth illustration of: (a) the background of the civil law and common law legal systems; (b) the fundamental values which ought to inform criminal procedure; (c) the prerequisites necessary for the activation of the jurisdiction of the International Criminal Court; (d) the procedural rules governing the conduct of trials hinged at the International Criminal Court and other Ad Hoc Tribunals; (e) the main procedural elements (such as plea bargaining; testimonial evidence; written and oral evidence; self-representation and the use of assigned and reserve lawyers; the role of victims; the right to appeal) and principles (fair trial; equality of arms; etc.) typical of common law and civil law systems (adversarial and inquisitorial), which in international criminal procedure have often merged with each other; (f) the mechanisms for the execution of sanctions and the rules governing sentencing at the international level.
- Docente: MARCO EDGARDO Florio