ABSTRACT

Having got to the position where the argument for transforming international criminal trials is set out, we now face the challenge of giving substance to this aspiration. So saying, this chapter does not pretend to be a comprehensive blueprint for a transformed international trial process. An attempt at this would be presumptuous against our contention that the trial is dynamic and, as the recent development of international criminal justice (ICJ) confirms, the form of any successful transformation will arise out of practice as much as from normative repositioning. In addition, whilst the chapter offers conceptual clarity regarding transformation, there necessarily will be generalization around universal notions like victim communities. These have been recognized (see Chapter 6) as vital stimulants for change, yet they will vary context to context and application to application. This variance will, in turn, feed back into the nature and consequences of the transformation process.