Disclosure before the ICC: Th e Emergence of a New Form of Policies Implementation System in International Criminal Justice?

Th e use of theoretical models, the most famous of which is the distinction between accusatorial and inquisitorial, is decisive in testing the intrinsic consistency of a specifi c procedural system. Th e aim of this work is to analyse some aspects of the law of evidence provided for by ICC sources, specifi - cally the disclosure provisions, and ascertain whether the blending of diff erent legal traditions may be regarded as successful or subject to criticism. For this purpose, in his analysis the Author employs the widely known Damaška partition between coordinate vs. hierarchical offi cialdom, in the administration of the process. Th e conclusion reached in this work is that some amendments to the sources of the ICC concerning the law of evidence would be advisable, in order to rectify certain inconsistencies. Among them, the author proposes the adoption of an offi cial Prosecutor’s fi le in the pre-trial phase.