Toward an International Criminal Procedure: Due Process Aspirations and Limitations

Gordon, Gregory S.

doi:10.2139/ssrn.928908

Cited by 8 publications

(2 citation statements)

References 36 publications

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“…The choice to include this provision at the Confirmation of Charges stage has been interpreted as a concession to those national delegations in favour of allowing in absentia trials at the ICC. 48 If true, this explanation supports the idea that the drafters of the Rome Statute did not intend for trials to be conducted in absentia. Further, the inclusion of a waiver procedure in Article 61 applicable only during the Confirmation of Charges stage of proceedings suggests that the omission of a similar procedure during the trial stage of proceedings was intentional.…”

Section: The Accused Waives the Right To Be Presentmentioning

confidence: 68%

Shifting Priorities: Are Attitudes Changing at the International Criminal Court about Trials in absentia?

Wheeler

2021

Int. Crim. Law Rev.

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A recent decision by the International Criminal Court’s Appeals Chamber in the Gbagbo and Blé Goudé case raised the possibility of a shift away from the long-standing practice of only holding trial in the presence of the accused. The final paragraphs of the 28 May 2020 decision asserts that any future trial proceedings in the Gbagbo et al. case could be held in the absence of the defendants should Mr Gbagbo and Mr Blé Goudé be released from custody and then later fail to appear for trial. This article examines the Appeals Chamber’s decision in light of the Court’s Statute, existing jurisprudence at the icc and within the larger context of international criminal law. It concludes that the Appeals Chamber’s decision fails to properly understand the right to be present at trial as it exists in the Rome Statute nor does it comply with any identified general principle of law.

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Section: The Accused Waives the Right To Be Presentmentioning

confidence: 68%

Shifting Priorities: Are Attitudes Changing at the International Criminal Court about Trials in absentia?

Wheeler

2021

Int. Crim. Law Rev.

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“…185 Critics of the expansion of victim participation are easy to fi nd, particularly among Anglo-American commentators: "Melding this 'ICC victims' bill of rights' into critical procedural stages of its criminal litigation schema, the Rome Statute may adulterate, and ultimately dilute, basic structural due process protections of ICC defendants." 186 On the other hand, some attribute this disequilibrium to the European continental legal system. "[T]he victim-oriented, civil law model of human rights" leads to inordinate "concern for symbolic vindication of violations of victims' human rights" and "has proven a more potent infl uence than worries over potential violations of defendants' rights."…”

Section: Infringement Of the Rights Of The Accusedmentioning

confidence: 99%

The Role of the Victim in the Criminal Process – A Paradigm Shift in National German and International Law?

Safferling

2011

Int Crim Law Rev

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Th e respect for the situation of victims of crime has risen immensely over the last couple of decades. Consequently the importance of the victim at trial has changed radically. First, the victim deserves protection from secondary victimisation in the course of prosecution; secondly, the victim is attributed a more active role compared to the mere role as a witness for the prosecution. Th e traditional idea of a "public" prosecution, whereby the prosecutor as a state offi cial mediates the victim, is considerably challenged if the victim acts as a "private" prosecutor. Th e article analyses recent developments both in German and international criminal procedural law concerning "victim participation" and contrasts this development with the interests and expectations voiced by victims of crime. It is held that criminal procedure should not be overburdened with unrealistic expectations as contributing to an overall healing process and stay focused on its main aim: determining the guilt of the alleged off ender.

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§ 7 Der Internationale Strafgerichtshof

Safferling

2011

Internationales Strafrecht

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Toward an International Criminal Procedure: Due Process Aspirations and Limitations

Cited by 8 publications

References 36 publications

Shifting Priorities: Are Attitudes Changing at the International Criminal Court about Trials in absentia?

Shifting Priorities: Are Attitudes Changing at the International Criminal Court about Trials in absentia?

The Role of the Victim in the Criminal Process – A Paradigm Shift in National German and International Law?

§ 7 Der Internationale Strafgerichtshof

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