Journal Article

Assisting an Accused to Represent Himself

Jarinde Temminck Tuinstra

in Journal of International Criminal Justice

Volume 4, issue 1, pages 47-63
Published in print March 2006 | ISSN: 1478-1387
Published online March 2006 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqi097
Assisting an Accused to Represent Himself

More Like This

Show all results sharing these subjects:

  • Criminal Law
  • International Law

GO

Show Summary Details

Preview

Given the proportion and complexity of international criminal proceedings, allowing an accused to represent himself before an international criminal court might render his defence ineffective, even if the accused is a lawyer himself. If international criminal courts are not willing to have the accused bear the consequences of his choice of self-representation, the measure of appointing experienced Defence Counsel as amici curiae to make legal contributions to add to the Judges’ informed decisions seems to entail fewer undesirable ethical consequences for counsel than being added as ‘standby counsel’ or ‘court assigned counsel’. Through occupying a neutral position and not being required to represent the accused, the amici's input may balance the flow of defence and prosecution arguments and thus contribute to the fairness of international criminal trials. The measure of appointing standby counsel or court assigned counsel to an accused who wishes to represent himself appears less appropriate, especially from a legal professional perspective.

Journal Article.  8159 words. 

Subjects: Criminal Law ; International Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.