Convicting Inhumanity ‘in absentia’: Holding Trials in absentia at the International Criminal Court

Shaw, Gary J.


Volume: 44
Geo. Wash. Int'l L. Rev.


Holding trials in absentia was a highly debated issue during the formation of the ICC; some states claimed that the process would be wholly useless and violate certain human rights protections, and others argued that in absentia proceedings were essential to ensure the effectiveness of the Court. This Note argues that trials in absentia are necessary at the ICC. Such proceedings would provide the victims of war crimes and genocide with an official determination of guilt and ensure that the most complete and accurate record of these crimes is maintained. Furthermore, an official declaration of guilt might encourage states to carry out ICC requests, regardless of their own reasons for non-cooperation. Finally, unlike other international tribunals, the ICC has the ability to hold trials in absentia in such a way as to refrain from violating human rights norms guaranteed by the International Covenant on Civil and Political Rights (ICCPR) and other agreements.

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Entry Type : Journal Article
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Upload date : Wednesday, 15 October 2014

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