Trial in all but name: Continuing proceedings in contravention of the right to be present at trial

Wheeler, Caleb H. ORCID: https://orcid.org/0000-0002-3076-2351 2024. Trial in all but name: Continuing proceedings in contravention of the right to be present at trial. Law and Practice of International Courts and Tribunals 23 (2) , pp. 283-309. 10.1163/15718034-bja10116

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Abstract

The right to be present at trial is under threat following the decision of the Inter- national Residual Mechanism for Criminal Tribunals’ Trial Chamber to continue proceedings against Félicien Kabuga after finding him mentally unfit to stand trial. The Trial Chamber opted instead to hold an ‘alternative finding procedure’, resembling a trial as closely as possible, albeit without the possibility of concluding with a verdict. This article engages with that decision through the lens of whether this approach com- plies with the accused’s right to be present at trial. It concludes that the proceedings will be little more than a de facto trial that does not adequately respect the accused’s right to be present. It also finds that should other international criminal courts and tri- bunals follow a similar approach the right to be present would be deprived of any real meaning. This could also, in turn, threaten overall fairness of the proceedings.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law Cardiff Law & Politics
Subjects:	K Law > K Law (General) K Law > KZ Law of Nations
Publisher:	Brill Academic Publishers
ISSN:	1569-1853
Date of First Compliant Deposit:	19 July 2024
Date of Acceptance:	6 May 2024
Last Modified:	30 Sep 2024 12:31
URI:	https://orca.cardiff.ac.uk/id/eprint/170602

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