Journal Article

Fitness to Stand Trial under International Criminal Law

Ian Freckelton and Magda Karagiannakis

in Journal of International Criminal Justice

Volume 12, issue 4, pages 705-729
Published in print September 2014 | ISSN: 1478-1387
Published online September 2014 | e-ISSN: 1478-1395 | DOI: https://dx.doi.org/10.1093/jicj/mqu056
Fitness to Stand Trial under International Criminal Law

More Like This

Show all results sharing these subjects:

  • Criminal Law
  • International Law
  • International Criminal Law
  • International Humanitarian Law
  • Transnational Crime

GO

Show Summary Details

Preview

This article reviews the modern international criminal law jurisprudence on fitness to stand trial. It contends that while the International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber has significantly clarified the important principles, difficult issues remain in terms of application of the law in any given case. This article seeks to distil the legal standards that courts applying international criminal law have utilized, as well as to identify the contentious issues that have led to divergent approaches. Options for reform of the consequences of unfitness findings to reduce the incentives for its assertion and to introduce more nuanced and psychiatrically informed criteria for determinations are canvassed, including confinement of persons found unfit to stand trial in adequately resourced secure facilities.

Journal Article.  12088 words. 

Subjects: Criminal Law ; International Law ; International Criminal Law ; International Humanitarian Law ; Transnational Crime

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. subscribe or login to access all content.