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Chapter Summary

This chapter deals with the position of the defense in one of the courts, the ICTY, and more specifically with the issue of how the freedom of choice of counsel can be reconciled with the requirements of the interests of justice in such complex proceedings. The basic elements and the procedural structure of the law of the ICTY are regulated by the Statute and the Rules of Procedure and Evidence (RPE). Adversarial proceedings were said to be a feature of the common law and to find little echo in the civil law. The ICTY Chambers have, however, inherent powers to deal with assignment of counsel issues to the extent necessary to ensure the integrity of the proceedings.

Keywords: ICTY; inherent powers; Rules of Procedure and Evidence (RPE)



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