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Continuing Or Recommencing Proceedings Before The ICTR In The Absence Of A Judge: A Comparative Overview

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Chapter Summary

It is established that the various legal precautions available in the decision making process as to whether to continue or recommence the proceedings in the absence of a judge have prevented the principle of expeditiousness of proceedings to wipe out some core principles aimed at ensuring the proper administration of justice. Therefore, in this context, characterised by the increasing exigencies of expeditious proceedings in view of the absence of a judge, the imperative remains to successfully protect the core principles ensuring 'the interests of justice' and preserve their jurisprudential value and legacy, through a double precaution of (a) procedural requirements and (b) substantive safeguards. Hence, at the International Criminal Tribunal for Rwanda (ICTR) and International Criminal Tribunal for the former Yugoslavia (ICTY), the wording of the relevant provisions expressly subordinate the continuation of the proceedings from the point of adjournment to the consent of the accused person.

Keywords: ICTY; international criminal tribunal for Rwanda (ICTR); justice



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