The Right to Be Present at Trial in International Criminal Law.

Format:

Book

Author/Creator:

Caleb H. Wheeler

Series:

International Criminal Law Series 13.

International criminal law series

Language:

English

Subjects (All):

Fair trial.

Criminal procedure (International law).

International criminal law.

Due process of law.

Physical Description:

1 online resource (333 pages).

Edition:

1st ed.

Place of Publication:

Leiden, Boston: Brill | Nijhoff, 2019.

Summary:

In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses what it means for the accused to be present during international criminal trials and how that meaning has changed. This book also examines the impact that absence from trial can have on the fair trial rights of the accused and whether those rights can be upheld outside of the accused’s presence. Using primary and secondary sources, Caleb Wheeler has identified four different categories of absence and how each affects the right to be present. This permits a more nuanced understanding of how the right to be present is understood in international criminal law and how it may develop in the future.

Contents:

Introduction

Is Presence at Trial a Right, a Duty or Both?

The Role of Different Legal Systems in Formulating the Right to Be Present at Trial in International Criminal Law

The Interaction between the Right to Be Present at Trial and the Underlying Goals of International Criminal Trials

The Right to Be Present at Trial and Trial in Absentia

The Compatibility of Trial by Default with the Right to Be Present at Trial

The Right to Be Present and Absences that Occur after the Beginning of Trial

When is Present Not Present: The Right to Be Present and the Ability to Understand and Participate in Proceedings

The Evolution of the Right to Be Present Since the Introduction of the Special Tribunal for Lebanon’s Statute

Conclusion.

Notes:

Includes bibliographical references (pages 265-313) and index.

Description based on publisher supplied metadata and other sources.

ISBN:

9789004376861

9004376860

OCLC:

1060523879

Publisher Number:

10.1163/9789004376861 DOI