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Chapter Summary

Among the fundamental rights of an accused is the right to be informed in detail on the nature and cause of the charge against him and to have adequate facilities for the preparation of his defence. In early days of the International Criminal Tribunal for the former Yugoslavia (ICTY), the defence counsels from the former Yugoslavia with their civil law background expected the same level of details in ICTY indictments as it is provided for in their domestic law, including reference to the evidence that support the charges. The ad hoc Tribunals? jurisprudence on indictments is indeed applicable to indictments in the International Criminal Court (ICC) even though there are some differences in the law of these institutions that may affect the ICC jurisprudence on this matter to a certain extent.

Keywords: ad hoc Tribunals; civil law; ICTY; indictments; International Criminal Court (ICC)



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