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Undue delay and the ICTYS experience of status conferences: A judge's personal annotations

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Chapter Summary

The right to be tried without undue delay is a fundamental component of any criminal trial. The ICTY benefits from the experience of developing procedural measures with the aim of expediting trials, particularly the status conference. In the light of the fact that international law and international relations remain premised upon sovereign nation-states, international criminal tribunals entertain a complex relationship with international human rights conventions, including the European Convention on Human rights (ECHR). The purpose of status conferences is to organize exchanges between the parties so as to ensure expeditious preparation for trial. Several other measures, with the common aim of improving the expedition of trials, were later introduced into the Rules of Procedure and Evidence (RPE). The ICC should pay due attention to the way in which its own predecessors have endeavored to expedite trials and ensure the effectiveness of the right to trial without undue delay.

Keywords: European Convention on Human rights (ECHR); ICTY; international criminal tribunals; international human rights conventions; Rules of Procedure and Evidence (RPE); status conference; undue delay



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