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The Right to Legal Assistance at the International Criminal Tribunal for Rwanda: a Review of Its Jurisprudence

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Chapter Summary

This chapter analyses and focuses on the right to counsel, specifically the right to a counsel of one's own choice in the practise of the International Criminal Tribunal for Rwanda (ICTR). As the majority of the accused before the Arusha ad hoc Tribunal are indigent, the chapter largely discusses their particular statutory guarantees. A comparison of the ICTR decisions with precedents of other human right bodies such as the Human Rights Committee (HRC) and the European Court of Human Rights (ECHR) shows whether the Tribunal complies with international human rights standards or even goes beyond those standards. The Statute and the Rules of the ICTR provide higher guarantees to the accused than other human rights instruments in respect of the right to counsel, in particular on the right to have legal assistance during the investigations.

Keywords: Arusha ad hoc Tribunal; defence counsel; European Court of Human Rights (ECHR); Human Rights Committee (HRC); International Criminal Tribunal for Rwanda (ICTR)



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