uu.seUppsala University Publications
Change search
ReferencesLink to record
Permanent link

Direct link
What are the Objectives of International Criminal Procedure?: Reflections on the Fragmentation of a Legal Regime
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law. Stockholms universitet, Juridiska institutionen.
2010 (English)In: Nordic Journal of International Law, ISSN 0902-7351, E-ISSN 1571-8107, Vol. 79, no 2, 279-302 p.Article in journal (Other academic) Published
Abstract [en]

International criminal courts pursue several objectives including retribution, deterrence, creating a historical record and giving a voice to the victims while the rights of the accused are protected. A problem is that these objectives pull in different directions creating tensions and fragmentation in the procedural system. Numerous legal issues, referred to as ‘hard cases’, entail a choice where the Judge has to make a choice between two or several objectives. In the interest of legal certainty solutions should ultimately controlled by the law and not by the discretion of the Judge. This article examines whether it is possible to identify a universally acceptable hierarchy of objectives. It is argued that the relevant objectives which determine the outcome of a hard case vary depending on the procedural stage and in each procedural stage there is a structural bias towards one or several objectives. Considering that law exists as a response to several social needs, it appears as unattainable to identify a universal and fixed hierarchy of objectives.

Place, publisher, year, edition, pages
Leiden: Brill , 2010. Vol. 79, no 2, 279-302 p.
Keyword [en]
Fragmentation, International Criminal Procedure, International Criminal Law, Methods of Interpretation
National Category
Law and Society
Research subject
Legal Science
URN: urn:nbn:se:uu:diva-209355OAI: oai:DiVA.org:uu-209355DiVA: diva2:766775
Available from: 2014-11-28 Created: 2013-10-17 Last updated: 2014-11-28Bibliographically approved

Open Access in DiVA

No full text

Search in DiVA

By author/editor
Klamberg, Mark
By organisation
Department of Law
In the same journal
Nordic Journal of International Law
Law and Society

Search outside of DiVA

GoogleGoogle Scholar
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

Total: 169 hits
ReferencesLink to record
Permanent link

Direct link