Th e protections of victims and witnesses have evolved from the inception of the ICTY and continue through to the creation of the ICC. Th e ICTY set the benchmark on victim and witness protection through reliance on varying national court systems as well as on international standards. Th e ICTY's approach has been followed by the ICTR and the SCSL, though each tribunal made important advances in victim and witness protection.Today, ICC continues to follow the lead of the other tribunals. Although it is still unknown how well the ICC will protect victims and witnesses, if the Rules of Procedure and Evidence are any indication, the ICC will provide proper protection measures for victims and witnesses in the international tribunal arena.After comparing the diff erent victim and witness measures implemented by the ICC to similar measures of the other Tribunals, as well as various national court systems, it is apparent that the ICC has developed extensive victim and witness measures that mirror those established by the other tribunals. Understanding both the benefi ts as well as possible shortcomings of each measure, the ICC will be better equipped to implement the measures deemed necessary for the victims and witnesses whose lives have been impacted by the crimes that come before the Court.
It may be difficult to place trial proceedings of international criminal tribunals on the spectrum of classical trial paradigms even though common law and Romano-Germanic law differences are most obvious in that phase of a trial. It is important to understand the history, and compare the procedural underpinnings, of the different aspects of the International Criminal Court (ICC) trial proceedings. This article will highlight the sui generis nature of the ICC trial proceedings. In doing so, it will show how the two main legal systems of the world have been combined to create pertinent articles in the Rome Statute. This review makes clear that the drafters of the Rome Statute devised a procedure that will best assist the ICC in accomplishing its tasks as an international judicial body. The judges of the trial chamber, whether from a Romano-Germanic or common law background, will conduct proceedings and administer justice based on the combinations of the world's most influential legal systems.
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