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Fairness And Expeditiousness In The International Criminal Courts Pre-Trial Proceedings

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Chapter Summary

The International Criminal Court (ICC)s pre-trial proceedings necessarily implicate the principles of fairness and expeditiousness. These principles are of particular relevance to the disclosure of evidence and the hearing on the confirmation of charges. The proceedings of the Pre-Trial Chamber (PTC) are the forum in which the Prosecutor prepares his case for testing by the Pre-Trial Chamber. This stage never results in a decision of guilt or innocence. The individuals right to be present at the proceedings adjudicating his/her case is a fundamental principle of criminal justice and ought to inform criminal procedure. The right to be present is not, however, absolute. Where fair trial standards are employed by the defendant to disrupt proceedings, the trial in absentia is an acceptable alternative to the usual procedure.

Keywords: confirmation charges; disclosure proceedings; expeditiousness; fairness; International Criminal Court (ICC); Pre-Trial Chamber (PTC); trial in absentia



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