Criminal Justice in Asia and Japan and the International Criminal Court

The under-representation of Asia in the International Criminal Court is an issue of serious concern. This article addresses criminal justice in Asia and Japan, hoping to help enhance the understanding of their special circumstances and assist in increasing the number of State Parties to the ICC. More specifically, it (i) identifies common features surrounding society and culture in many Asian countries that are hindrances or possible reasons why they haven't acceded; (ii) discusses the main characteristics of the Japanese criminal investigation and trial system that reflect the influence of both the civil law and common law legal systems; (iii) gives a brief overview of the history of the development of the Japanese criminal law since the late 19th century; (iv) touches upon some of the main legal issues that Japan needs to consider before acceding to the Statute; and (v) clarifies the significance of Japan becoming a State Party.