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Chapter Summary

This chapter analyses the state of law concerning the right to self-representation in international criminal law, and in particular the limits imposed on that right and how they are exercised. It turns to regional and international law precedent concerning the right of an accused to represent himself. The approach taken to this issue by the European Court of Human Rights (EctHR) and the Human Rights Committee (HRC) in the limited case law of those jurisdictions is examined. The chapter focuses on the recent and developing precedent found in international criminal tribunals. It concludes with observation about the treatment of the right to self-representation in international criminal law and a consideration of whether it is possible, in light of its treatment by the supranational criminal tribunals, to effectuate the imposition of counsel. The experience of international courts shows a trend towards the erosion of what is a profoundly common law right.

Keywords: European Court of Human Rights (EctHR); Human Rights Committee (HRC); international criminal law; right to self-representation



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