Never in history has a single criminal tribunal had potential jurisdiction over the
entirety of the world’s population, at least in theory. Students of comparative criminal
justice will find that the International Criminal Court is a dramatic and unprecedented
experiment in international criminal justice, one that differs in marked ways from
domestic legal systems or even prior international tribunals. The Court is a negotiated
compromise among the nations of the world, and therefore combines characteristics
of different legal traditions. Adopting the generally adversarial system of the common
law world, for instance, the Court has a comprehensive legal aid scheme and
strict due process protections for defendants. At the same time, the Court’s criminal
procedure includes significant inquisitorial components, characteristic of the civil law
world, such as judicial involvement in early pre-trial proceedings and rulings by panels
of judges rather than a jury. The Court also incorporates elements drawn from the
restorative or transitional justice movement, such as the participation of and reparations
for victims of mass atrocity. More than just a hybrid of domestic systems, the
International Criminal Court possesses attributes unique to the grave crimes that it
prosecutes and its rather unusual jurisdictional limitations.