Legal Diversity at the International Criminal Court Reflections of a Judge

The procedural law of the International Criminal Court (ICC) combines common law and civil law concepts in a 'unique compromise'. It gives the judges broad discretion to determine which adversarial and inquisitorial elements fit best into the overall system of the Rome Statute. In exercising their discretion judges cannot, of course, deny their legal background. However, sticking to the familiar practice is an impediment to the effective procedural functioning of the Court. To find meaningful solutions within the legal framework of the ICC requires instead an attitude based on the assumption that no legal system is superior to the other and the ability to doubt legal concepts that one might consider as self-evident. To this end, it is necessary that judges develop an understanding of the procedural system that they have not experienced in their former professional life. The article discusses nine examples of the procedural law and practice of the ICC - from the role of the prosecutor to victims participation - and examines the reasons for, and implications of, the transfer of adversarial and inquisitorial elements into the ICC`s statutory framework.