Recent Scholarship: Aligning Legal Systems in ICTY Proceedings

Patrick L. Robinson, Rough Edges in the Alignment of Legal Systems in the Proceedings at the ICTY, 3 J. INT'L. CRIM. JUST. 1037 (2005)

Judge Robinson of the International Criminal Tribunal for the Former Yugoslavia (ICTY) discusses the tensions "between the adversarial and the inquisitorial systems in the application of the Statute and Rules governing International Criminal Tribunal for the Former Yugoslavia proceedings." Specific examples include "(i) the admissibility of evidence in written form with regard to crimes committed not by the accused but by his subordinates (Rule 92bis (A)), or of a transcript of evidence given by a witness in other proceedings before the Tribunal (Rule 92bis (D)); (ii) the possibility of a judgment of acquittal at the end of the prosecution case (Rule 98bis); (iii) the Trial Chamber's power to summon witnesses on a defence submission of ‘no case to answer’; (iv) the possibility for a party calling a witness to cross-examine him if he proves to be hostile; and (v) the right of a party to request an interview with a witness of the opposing party in preparation for trial." Judge Robinson argues recent case developments illustrate potential conflict between two legal systems, common-law and civil law, which may lead to injustice or unfairness if not prevented or resolved. Judge Robinson suggests providing detailed guidance via a revision of the ICTY Rules.