Criminal Evidence and Respect for Fair Trial Guarantees in the Dialogue Between the European Court of Human Rights and National Courts

Abstract

This chapter examines the growing phenomenon of "transjudicial dialogue"

Complementarity and Cultural Sensitivity: Decision-making by the International Criminal Court Prosecutor in the Darfur Situation

“…Furthermore, it is crucial to take some lessons from other international jurisdictions where 'a Kantian cosmopolitan legal order is slowly emerging which obliges officials in all countries to respect the same fundamental rights of all persons within their jurisdiction' . 237 There is a growing tendency for international tribunals such as the ECtHR to look 'to the judgements of other jurisdictions, particularly when making decisions on human rights issues' .238 As Vogler has argued this new 'global judicial dialogue' is an important shared project with an international reach.239 Although 'dis agreements and conflicts over ideas' are inevitable240 compromise can be reached through 'an open-ended and mutually respectful process of negotia tion, discourse, and dialogue within and between all perspectives' . 241 International courts such as the ICC must evolve a new and entirely suigeneris model of practice, which is 'participatory' rather than confrontational.242 As Akhavan has also observed, the ICC's ... success should be measured in terms of a dialogue with, and empower ment of, national jurisdictions wherever this may be possible.…”