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A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution, Jessica S. Peake
A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution, Jessica S. Peake
Jessica S Peake
International criminal procedure is characterized by a fundamental structural shift in the allocation of power between the actors in a criminal trial – the judges, Prosecution and defense - away from that traditionally ascribed under an adversarial system and towards the power distribution structure more common to the inquisitorial system. By looking at the Statutes and RPEs of the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Court (ICC) and the Extraordinary Chambers in the Courts of Cambodia (ECCC), it is possible to identify varying degrees of power shifts in each court: across each we see a …