Journal Article

Frankenstein’s Monster

Rupert Skilbeck

in Journal of International Criminal Justice

Volume 8, issue 2, pages 451-462
Published in print May 2010 | ISSN: 1478-1387
Published online April 2010 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqq024
Frankenstein’s Monster

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International criminal courts often seek to borrow concepts and procedures from different legal systems, merging the cultures of the common law and of the continental system, and applying a human rights analysis to criminal law problems. Most international tribunals are based on the adversarial system, but recent hybrid courts have firm foundations in the inquisitorial system. This article addresses the way in which judges have sought to take concepts from domestic criminal justice systems and from human rights law, and suggests that while there are new possibilities that arise from the bringing together of different legal cultures there are also risks, with grave implications for the rights of the accused. These include issues such as the right of access to a lawyer at the earliest opportunity, the length of pre-trial detention, the preparation of witnesses for trial and possibility of trial in absentia.

Journal Article.  5528 words. 

Subjects: Criminal Law ; International Law

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