“Equality of Arms” and its Effect on the Quality of Justice at the ICC

Written by: Tosin Osasona [1]

The concept of equality of arms has a dinstinctive European origin and can be traced back to the medieval era, when dispute was settled by ordeal of trial by battle. Because the trial would be to death, a rigid set of rules were put in place to ensure parity between contestants and each contestant was put at par in terms of armament and armor.[2] This worldview midwived the common law system of adversarial proceeding. Continue reading