Taming Westphalian sovereignty: international penal process and the expansion of universal jurisdiction
This chapter examines how accountability for violations of international humanitarian law and criminal law is affected by the way disclosure is undertaken in International Criminal Court (ICC) trials. Disclosure of information relevant to the trial is closely linked to ensuring the procedural rights of an accused, and the fairness of the trial process. The chapter argues that the way disclosure is undertaken at the ICC does not give the rights of the accused full respect. The permanent ICC, established to prosecute the most serious crimes of international concern and thereby to assist in ending impunity for such crimes, is the pinnacle of efforts to ensure accountability for violations of international humanitarian law. The chapter commences by setting out how the rules that govern disclosure at the ICC are connected to trial fairness. The ability of Trial Chambers to protect and promote the rights of the accused and to regulate the relationships between the parties, is curtailed in this trial environment.