Procedural law at the ICTR
April 15th, 2009 • ICL, ICTR Internship
At university I didn’t quite grasp the importance of procedural law to the work of the Courts. During our civil procedure class, it appeared to be a process of memorising the Supreme Court rules, and our class on evidence was something of a whirlwind. But now in Chambers at the ICTR, I’m realizing how central rules of procedure and evidence are to the proper functioning of the law.
If you look at a list of decisions in any past case, you can see how much of the Chamber’s time and energy is spent dealing with procedural motions and creating jurisprudence around the Rules of Procedure and Evidence. This procedural law is important because it is responsible for shaping how trials proceed. It determines what evidence can be admitted and under what circumstances. It informs time limits and deadlines. And it sets out some of the rights of the accused before the Tribunal. At its heart, the goal of procedural law is to ensure the accused gets a fair trial, and to ensure the Tribunal hears all the relevant and probative information it needs to make a fair determination.
Beginning with the Rules of Procedure and Evidence, and moving through the jurisprudence interpreting those Rules, the ad hoc Tribunals have set the foundation for international criminal procedural law for institutions such as the International Criminal Court to follow. Many of the Rules are worded incredibly broad and it is not until a motion is brought in reliance on them that their application becomes clear via the jurisprudence.
As an intern, it has been great to be involved (however small that involvement is) in the development of this area of law, especially at this time in the ICTR’s life.
So far I’ve got to sit in on discussions of the current content of the rules governing procedure, and what modifications could increase efficiency while still ensuring a fair trial. I’ve also being able to take part in the decision drafting process, entering into discussions on procedural motions and debates over the strengths of differing interpretations of the Rules.
Though things are “winding down” here, procedural law is still extremely important, as the Tribunal works out how to provide fair, efficient trials and still abide by the completion strategy. The new guiding principle of efficiency provides a new tension to compete with the overriding duty to provide a fair trial.
We recently had a speech here at the Tribunal, part of which talked about the importance of the work being undertaken as the ICTR head towards completion. One of the things noted was the important legacy of the procedural law the Tribunal has created. It is a legacy that will be increasingly important as the ICC continues its work, and is sure to be a contested and developing area of the law.
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