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Is this going to become another Inquisitorial vs. Adversarial justice system debate? And is the ICTY run on an inquisitorial or an adversarial system?
Although international tribunals intended to try crimes against humanity, such as the Nuremberg Trials and the International Criminal Court, have generally used a version of the adversarial system, they have also incorporated some key features of the inquisitorial system, such as the use of professional judges, and in the case of the International Criminal Court, the use of a screening pre-trial chamber.
And is the ICTY run on an inquisitorial or an adversarial system?
I checked the statute.
ICTY - TPIY :: Statute of the Tribunal
Updated Statute of the International Criminal Tribunal for the former Yugoslavia: September 2008 (PDF format)
It's a long pdf and my result is simply that I do not know, I think I lack the legal background to sniff out the key sentences. It would appear that the court has had some room to decide its own procedures, which might mean some mix considering the mix of judges. Sweden's finest (and perhaps only) collaborative, leftist e-newspaper Synapze.se
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