前南国际刑事法庭刑事程序中的普通法和大陆法传统:油能溶于水吗

Common and Civil Law Traditions in the ICTY Criminal Procedure: Does Oil Blend with Water?

在前南刑事法庭刑事程序中,国际刑事案件的独特性使得越来越多的大陆法系传统因素开始注入普通法诉讼模式。两大法系之间的传统差异已经渐渐走向融合。这些不同的制度应灵活而和谐地相处,共同解决国际犯罪审判所特有的问题。

More and more, international criminal cases are acquiring their own character in the procedure of the ICTY （International Criminal Tribunal for the former Yugoslavia）. These characteristics include more practices and traditions of civil law being introduced into the common law. The two legal systems are beginning to blend their traditional differences, with the result that these various systems can then harmonize together peacefully to resolve the adjudication of international crimes.