Is all Fair in Love and War Crimes Trials? Regulation 55 and the Katanga Case.

Klinkner, M. J., 2015. Is all Fair in Love and War Crimes Trials? Regulation 55 and the Katanga Case. International Criminal Law Review, 15, pp. 396-410.

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DOI: 10.1163/15718123-01502006

Abstract

The use of Regulation 55 and the recent Katanga judgment at the International Criminal Court have attracted criticism – not just from outside commentators but most notably from within the Chamber through the dissenting opinion of Judge Van den Wyngaert. This commentary reflects on the re-characterisation of charges in the Katanga case and the resultant judgment, in particular with reference to fair trial requirements. It argues that fundamental discrepancies between the judges’ interpretation of their fact-finding and truth-seeking remit exist and suggests that there is a need for coherent jurisprudence and clarification on the way the International Criminal Court tackles such essential disagreements.

Item Type:Article
ISSN:1567-536X
Uncontrolled Keywords:International Criminal Court; ICC; Regulation 55; Article 69(3); fair trial requirements
Subjects:UNSPECIFIED
Group:Business School
ID Code:21590
Deposited By: Unnamed user with email symplectic@symplectic
Deposited On:08 Dec 2014 09:21
Last Modified:06 Jan 2016 16:38

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