Shifting priorities: are attitudes changing at the international criminal court about trials in absentia?

Wheeler, Caleb H. ORCID: https://orcid.org/0000-0002-3076-2351 2021. Shifting priorities: are attitudes changing at the international criminal court about trials in absentia? International Criminal Law Review 21 (1) , pp. 97-125. 10.1163/15718123-bja10036

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Abstract

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.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	K Law > K Law (General)
Publisher:	Brill Academic Publishers
ISSN:	1567-536X
Date of First Compliant Deposit:	31 January 2022
Date of Acceptance:	19 November 2020
Last Modified:	08 Nov 2023 07:15
URI:	https://orca.cardiff.ac.uk/id/eprint/146902

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