This is the title of a paper by Professors Stephanos Bibas and William Burke-White just posted on SSRN. For readers with an interest in international criminal law this is a must read. In their paper, Bibas and Burke-White, inter alia, argue that scholarship dealing with international criminal law has to a large extent overlooked procedural issues. Moreover, the authors argue, which is a very valid and often ignored point, that international criminal law as a discipline is suffering from idealistic aspirations (something which will sound familiar to critics of Moreno-Ocampo). The authors also examine how international criminal law may learn from domestic law on criminal procedures. This seems a very reasonable point although the authors’ example on e.g. plea bargain is likely to worry some European scholars. Finally, the authors look into how domestic criminal procedure law may benefit from developments in international criminal law. This piece is well-worth reading indeed.
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