Some Considerations on Faces of Justice by a ‘Non-Specialist’

摘要

The author examines the well-known book by Mirjan Damaška as well as other more recent books and writings of the distinguished author against the specific background of the Italian experience in reforming its system of criminal procedure with a view to commenting upon sensitive issues in current international criminal proceedings. Three key factors in assessing the ‘real’ nature of a procedural system are examined: (i) the role of judges in the proceedings; (ii) the rules on evidence and (iii) the duty to render reasoned decisions. Subsequently, the author tackles the issue of self-representation in international criminal justice, in light of Damaška's categories (conflict-solving v. policy-implementing) and of the difficulties in transposing them to the international level. Finally, the author warns that the analysis of international criminal justice should not be confined in over-rigid models. The overriding concern must be to harmonize the ‘fair trial’ model with sensitivity to certain objectives of justice that cannot be possible objects of compromise (as they may be where judicial authority operates purely as arbiter of a dispute).