08 Mar 2018

Combination of Adversary and Inquisitorial Legal Systems – The Practice of the International Criminal Tribunal for the Former Yugoslavia

Asian Academy of International Law

The International Criminal Tribunal for the Former Yugoslavia (ICTY) has made significant contribution not only to the region of the former Yugoslavia, but also to international criminal courts and tribunals as well as international criminal law. In this regard, Judge Liu Daqun, former Vice President of ICTY, was invited to speak on the notable achievement of ICTY in terms of blending elements from both adversarial and inquisitorial traditions into a unique and independent system of legal procedure and evidence. In his sharing, Judge Liu elucidated the complexity and differences in respect of the breadth and the flexibility of evidence admission between common law and civil law systems, as well as series of practical issues that emerged during the trials, which consequently propelled the development of what was considered as a ‘unique amalgam of common and civil law features’.