Procedural Mechanisms Sui Generis Against Miscarriages of Justice

Abstract

This chapter examines several procedural mechanisms sui generic, which may be instrumental in both the prevention and redressing of miscarriages of justice. The first mechanism focuses on two procedural principles that may lie at the basis of miscarriages of justice. The chapter considers the trend to effectuate judicial economy within international criminal trials as it relates to the principle of equality of arms from the standpoint of the defense. It focuses on this juxtaposition as exemplified in the contemporary case law of the International Criminal Tribunal for the former Yugoslavia (ICTY). Two amendments were made to Rule 90 of the ICTY Rules of Procedures and Evidence (RPE), which governs witness testimony, in order to enable the Trial Chamber to exercise more control over the mode and order of examining witnesses and presenting evidence.Keywords: ICTY; international criminal trials; judicial economy; miscarriages of justice; rules of procedures and evidence (RPE); sui generic