Some Considerations on Faces of Justice by a 'Non-Specialist'

The author examines the well-known book by Mirjan Damaka aswell as other more recent books and writings of the distinguishedauthor against the specific background of the Italian experiencein reforming its system of criminal procedure with a view tocommenting upon sensitive issues in current international criminalproceedings. Three key factors in assessing the ‘real’nature of a procedural system are examined: (i) the role ofjudges in the proceedings; (ii) the rules on evidence and (iii)the duty to render reasoned decisions. Subsequently, the authortackles the issue of self-representation in international criminaljustice, in light of Damaka's categories (conflict-solving v.policy-implementing) and of the difficulties in transposingthem to the international level. Finally, the author warns thatthe analysis of international criminal justice should not beconfined in over-rigid models. The overriding concern must beto harmonize the ‘fair trial’ model with sensitivityto certain objectives of justice that cannot be possible objectsof compromise (as they may be where judicial authority operatespurely as arbiter of a dispute).