Perspectives on mass atrocity criminal procedures

The establishment and operation of international criminal courts determine individual and state responsibility in situations of mass atrocity. A considerable amount of attention has been given to this topic, yet there is a limited capacity for national courts to carry out the burden of prosecution. Though the international community aims to ensure proper utilisation of national courts, the coordination of their operations has been limited. This leads to incomplete responses to highly complex situations.

Funded by the EU, the 'Impact of international criminal procedures on domestic criminal procedures in mass atrocity cases' (DOMAC) project focused on the interaction between national and international courts in prosecuting individuals in mass atrocity situations. Thus, methods to improve coordination of national and international proceedings as well as better utilisation of national courts were offered.

Various patterns of relationships between international criminal courts and domestic jurisdictions were analysed. The extensive work produced many results. A report covering the prosecution and trial of international crimes by selected western states was produced in the quest to end impunity.

A main achievement involved focusing on identifying the main efforts directed to developing local capacity to prosecute individuals for crimes under international law. Another main focal point of the research was gaining a deeper understanding of the influence of capacity development and related initiatives and processes. As such, it primarily zeroed in on the experience of Bosnia and Herzegovina, Colombia and Sierra Leone. This enabled an illustration of very different situations in terms of existing capacities and legal and cultural contexts.

Findings have been disseminated at conferences and through the website. They will contribute to improving academic and professional discourse on the relationship between international courts and national courts. The results will also contribute longterm to the study of international criminal justice and to future reforms in the field.