1st Edition
The Evolution of International Criminal Procedure From Nuremberg and Tokyo to the International Criminal Court
This book examines the evolution of international criminal procedure from the 1945–1946 Nuremberg and Tokyo trials to the present period. It is largely based on a normative-jurisprudential approach to the procedural rules, comparing both norms and case-law of the relevant courts and tribunals. The work shows the possibility of classifying “International Criminal Procedure” as an autonomous concept and field of study, which is constantly evolving due to the interaction of different legal cultures that characterize this subject matter and is derived from the varied procedures as established in both statutory law and jurisprudence. Far from being an autonomous entity, international criminal procedure now represents a great compromise between the legal traditions of different ICC member States. What emerges is the historical evolution of an international criminal procedure with a unique identity, a very real “third way” between the traditional dichotomy of Common Law and Civil Law, between the Anglo-Saxon and the European Roman-Law-oriented legal traditions. The book will be of interest to academics, scholars and researchers working in the areas of International Criminal Law, Comparative Law, Criminal Procedure and Legal History, as well as judges and international legal professionals.
1. The origins and the development of International Criminal Procedure; 2. The International Military Tribunal (IMT) at Nuremberg; 3. The International Military Tribunal for the Far East (IMTFE) in Tokyo; 4. The Ad Hoc Tribunals for the former Yugoslavia (ICTY) and for Rwanda (ICTR); 5. The International Criminal Court; 6. Conclusion: Assessing the Evolution of International Criminal Procedure from Nuremberg and Tokyo to the International Criminal Court.
Biography
Giovanni Chiarini is a Lecturer in International Criminal Law at the University of Huddersfield, an Attorney admitted to the International Criminal Court’s list of assistants-to-counsel, and a Senior Associate at 'MEPLAW International Law Firm' where is the Director of the International Criminal Law Department. Chiarini is also an International Fellow of the National Institute of Military Justice (NIMJ) in Washington DC.
'This book, the culmination of years of effort, provides a valuable contribution for those who seek to better understand international criminal law practice. Professor Chiarini’s efforts weave together various strands of historical international criminal practice to identify how binding them together provides a coherent notion of international criminal procedure. This was no easy task, as by its nature such procedure must reflect and accommodate legal traditions and principles from substantially different legal systems. Nonetheless, through extensive research and as the result of careful consideration of historical precedents, Professor Chiarini offers the reader a model to build on for the future of this important area of practice.'
Professor Geoffrey S. Corn, George R. Killam Jr. Chair of Criminal Law and Director of the Center for Military Law and Policy, Texas Tech University School of Law
'All at once, this book is a fascinating study of legal history, criminal procedure, and international and comparative law. By interweaving these rich conceptual strands, Giovanni Chiarini presents a compelling thesis: that international criminal procedure may have begun as a normative clash of cultures but, through hybridization, it has evolved into a global framework of fairness. Professor Chiarini has been helping us reconceptualize this understudied but vital field and this book represents the brilliant fruit of his efforts to date. It should be considered essential reading for international criminal law theorists and practitioners alike.'
Professor Gregory S. Gordon, Professor of Law, The Chinese University of Hong Kong
'Legal procedure brings order to chaos. In this volume, Professor Chiarini builds upon the solid foundation of international criminal procedure laid down by Safferling, which brought order to the international criminal law frameworks established by Bassiouni and Cassese, by bringing that process more fully into our 21st century experiences with tribunals in The Hague and beyond. In that manner, this work not only appropriately captures the past, but points the way forward for further development in this critical field of public international law.'
Professor Michael J. Kelly, Senator Allen A. Sekt Endowed Chair in Law, Creighton University; Board of Directors ‘Association Internationale de Droit Pénal’
'In this book, Professor Chiarini delivers a far-reaching contribution to the understanding, analysis, and evolution of international criminal law and procedure. This treatise will be of enormous benefit to academicians, legal scholars, law students and practitioners who work globally in the pursuit of justice.'
Professor Danixia Cuevas, Law Center Miami Dade College, Fulbright Scholar Alumni Ambassador
'Chiarini's groundbreaking monograph provides readers seeking a big-picture view of international criminal trials, including international judges and practitioners, with a thorough understanding of principles, legal cultures and rules that govern international criminal procedure.'
Professor Julia Sloth-Nielsen, Emeritus Professor of Law at the University of The Western Cape
