The right to be present at trial in international criminal law

Wheeler, Caleb H. ORCID: (2018) The right to be present at trial in international criminal law. International Criminal Law Series, 13 . Brill | Nijhoff, Leiden. ISBN 9789004376854. (doi:10.1163/9789004376861)


This book explores how international criminal law treats the accused's right to be present during trial. It identifies the different reasons an accused might be absent from trial and contextualises each one within the existing legal framework. It concludes that international criminal law provides the accused with a qualified right to be present at trial. The right confers on the accused the choice to attend trial and is coupled with a duty imposed on the court or tribunal attempting to conduct the trial whereby it cannot prevent the accused from attending trial if he or she so desires. The right to be present can be voluntarily waived by the accused if he or she has received notice sufficient to make an informed decision about whether he or she wants to appear. This approach creates a balance between respecting the accused’s right to be present while also allowing trial to continue if the accused does not wish to participate.

Item Type: Book
Research Areas: A. > School of Law
Item ID: 25386
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Depositing User: Caleb Wheeler
Date Deposited: 15 Oct 2018 11:14
Last Modified: 11 Oct 2019 13:02

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