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The Trial before the Ad Hoc Tribunals

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Chapter Summary

The trial starts with the opening statement of the Prosecution followed by the opening statement of the defence if the parties elect to make such statements. If the accused wishes to make a statement, he may do so upon the decision and under the control of the Trial Chamber. The trials at the ICTY and at the International Criminal Tribunal for Rwanda (ICTR) are perceived as longer than the average criminal trial. After the presentation of all the evidence, a closing argument may be presented by the Prosecution, followed by the defence's closing argument The Prosecution may present a rebuttal argument, to which the defence may rejoin. This chapter presents a brief overview of general rules applicable throughout the proceedings followed by evidentiary matters. An accused tried by an ad hoc Tribunal is detained, in some cases for several years, prior to his conviction or his acquittal.

Keywords: ad hoc Tribunal; criminal trial; ICTY; International Criminal Tribunal for Rwanda (ICTR); Prosecution

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