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Trial Proceedings

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Chapter Summary

The ad hoc Tribunals borrowed the principles which regulate the conduct of their proceedings mostly from common-law jurisdictions. It has been noted that Rule 85 of the ICTY, ICTR, and SCSL Rules belongs to the common-law adversarial legal system. The principle of the equality of arms between the prosecution and defence is a feature of the wider concept of a fair trial, which also includes the fundamental right that criminal proceedings should be adversarial. The one of the purposes of the right to trial within a reasonable period of time is to protect individuals from remaining too long in a state of uncertainty about their fate. A Trial Chamber possesses discretion to vary the order of the presentation of evidence in order to ensure the fairness of the trial proceedings.

Keywords: ad hoc Tribunals; criminal proceedings; fair trial; ICTR; ICTY; Prosecution; Trial Chamber; trial proceedings

10.1163/ej.9789004163386.i-912.61
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