Concluding Discussion

In this book, I have conducted a comparative analysis of various general principles of international criminal procedure with corresponding principles that are valid domestically and in general international law, and to identified special premises in the procedural law of the ICC. With regards to the procedural principles covered in the chapters of the book, several premises have been revealed. This book disclosed the four points that have not been identified in previous studies. These elements can be broadly classified into two categories, and each has two branches of premises. First, (A) the fact that the value of international criminal procedure frequently mentioned in previous studies has not actually had much of an impact: (i) the premise of “seriousness of the core crime” has little influence at the procedural level; and (ii) the premise of deterring illegal investigations has had little impact. Second, (B) the factors that have not been recognized as circumstances or values on which international criminal procedure is premised in previous research significantly influence international criminal procedure: (iii) the entire procedure is based on the primitive premise of speed and “first come, first served”; and (iv) the impact of the premise of consideration for national sovereignty, which is associated with the fact that the ICC is an international organization based on a treaty, is critical. The ICC's institutional premises of the value of expeditiousness and lacking centralized control over its “limbs” have had a significant impact on the various aspects of international criminal procedure.