International Criminal Procedure and the Protection of the Fundamental Rights of the Person

Abstract

It is not easy matter to discuss international criminal procedure in this phase of the development of the doctrines and jurisprudence of international law. Indeed, in approaching this question, there is little succour to be gained from the scarce juridical literature on this theme, which, rather than giving autonomy to the subject, instead mainly prefers to deal with it in relation to the study of the International Courts, that is to say in relation to the Statutes of these Courts and of the typology of international crime. In our opinion, this occurs precisely because the international criminal process, as the instrument (procedural) for accomplishing international criminal justice is “suffocated” by the preoccupation on the part of both specialists and the international community in discerning international crimes and their typical elements, relegating the study of our criminal process to second place.