Chapter

The Development of the Right to Self-Representation before the International Criminal Tribunals

Gillian Higgins

in Judicial Creativity at the International Criminal Tribunals

Published in print December 2010 | ISBN: 9780199591466
Published online January 2011 | e-ISBN: 9780191595585 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199591466.003.0012
The Development of the Right to Self-Representation before the International Criminal Tribunals

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This chapter looks at the way in which the ad hoc Tribunals have sought to balance the right of an accused to represent themselves with the interests of justice and the expeditious conduct of proceedings. It undertakes an in depth analysis of the current jurisprudence on the matter and documents the strategies adopted by the bench in dealing with self-representing accused such as Slobodan Milošević, Radovan Karadžić, and Vojislav Šešelj. It is evident that in dealing with such issues as disruptive or ill self-representing accused the bench of the ad hoc Tribunals has had to engage in a creative interpretation of the relevant substantive and procedure law in order to come to a ‘fair’ resolution in the interests of the accused and justice more generally.

Keywords: international criminal law rights of the accused; fair trial rights; self-representation; human rights; Slobodan Milošević; Radovan Karadžić; Vojislav Šešelj

Chapter.  17289 words. 

Subjects: Human Rights and Immigration

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