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45 Colum. J. Transnat'l L. 635 (2006-2007)
Toward an International Criminal Procedure: Due Process Aspirations and Limitations

handle is hein.journals/cjtl45 and id is 641 raw text is: Articles Toward an International Criminal Procedure: Due Process Aspirations and Limitations GREGORY S. GORDON* The breathtaking growth of international criminal law over the past decade has resulted in the prosecution of Balkan and Rwandan mass murderers, the develop- ment of a substantial body of atrocity law jurispru- dence and the creation of a permanent International Criminal Court with jurisdiction over genocide, crimes against humanity, and war crimes. The growth of international criminal procedure, unfortunately, has not kept pace. Among its shortcomings, critics have pointed to lengthy pre-trial detention without a real possibility of provisional release, the use of affi- davits and transcripts instead of live witnesses at trial, the absence of juries, and the right of prosecutorial appeal. Existing literature has pointed out these defi- cits but has failed to offer a systematic or comprehen- sive explanation for them. While such literature is helpful in identifying the problem, it has failed to pro- vide a conceptual framework necessary for formulat- ing solutions. This Article constructs such a frame- work and uses it to provide a starting point for * Assistant Professor, University of North Dakota School of Law. Senior Trial Attorney, United States Department of Justice, Criminal Division, Office of Special Investigations (human rights prosecution unit), 2003-06; Attorney, Office of the Prosecutor (Media Case Team), International Criminal Tribunal for Rwanda, 1996-98; J.D. 1990, University of California at Berkeley; B.A., 1985, University of California at Berkeley. The author is indebted to Professors Jonathan Bush, Ronald F. Wright, Jr., Joseph Rikhof, Kirsten Dauphinais, Jason Kilbom, Robert Pfeffer, Dr. Rhonda Schwartz, Department of Justice Senior Trial Attorneys Joseph Gaeta and Melissa Schraibman, and the author's research assistant, Christopher Rausch. This article would not have been possible without the support and love of the author's wonderful wife and children.

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