Rod Rastan


Review of ICC jurisprudence 2008 provides an overview with commentary on some of the most significant recent developments before the International Criminal Court (ICC) this past year. These decisions, from the Pre-Trial, Trial, and Appeals Divisions, have started to lay the jurisprudential foundations on which the Court will build in the immediate years ahead. Examination focuses on developments with respect to modes of liability, as well as on procedural matters related to the requirements of confidentiality and those of disclosure; the application of the gravity criteria under the ICC's admissibility provisions; the role of victims in pre-trial and trial proceedings; as well as resort to secondary sources of law as reflected in the Court's rulings on witness proofing.