tag:blogger.com,1999:blog-4070126256373578912.post7554878009361161548..comments2024-03-20T17:53:33.153-04:00Comments on Global Military Justice Reform: The Katanga Case: focus turns to domestic prosecutionEugene R. Fidellhttp://www.blogger.com/profile/14694139458443207131noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-4070126256373578912.post-33218000095354861822015-12-26T09:40:58.471-05:002015-12-26T09:40:58.471-05:00I don't have much insight into the national cr...I don't have much insight into the national criminal laws of DRC and thus stay away from the debate whether the same would meet the minimum standards of fair trial. It would be a different set of argument that appellate Courts and Tribunals greatly differ on concept and standards of fair trial especially by military tribunals.<br />While it is clear that separate domestic trial for different and unrelated charges than what he stood trial by ICC will not offend the principles of double jeopardy, another criminal law principle which it may transgress would be 'issue estoppel'. Now here comes the problem, will the decision of ICC particularly on the charges and their issues he was found Not Guilty giving reasonable doubt will operate Issue Estoppel in national prosecution.<br />In criminal law jurisdictions bifurcation of trial is undesirable and when ICC decides to exercise jurisdiction they should be able to assume jurisdiction over all charges against him.ajeenhttps://www.blogger.com/profile/14855396976188736702noreply@blogger.com