The Procedural Status of a Defendant in the International Criminal Justice

Continuation of material previously published by the author. See: Evseev A. The Personality of an International Criminal (on Materials of Nuremberg and Other Judicial Proceedings) // HSE University Journal of International Law. 2023. Vol. 1. № 1. P. 77–91.

Abstract

The article outlines the main elements of the procedural status of the defendant in international criminal justice bodies. The need to study this status together with the criminological concept of “personality of the criminal” is emphasised. This significantly enriches the doctrine of international criminal law and helps bridge the gap that has emerged between international law and the sciences of the criminal legal cycle. A conclusion is made about the special nature of the right to a fair trial, which has significant differences in international criminal justice compared to conventional law. Particular attention is paid to the right of the accused to defend himself in person. It is noted that if in domestic criminal proceedings this right is taken for granted, then taking into account the specifics of proceedings in international courts and tribunals (their cumbersomeness, a significant number of witnesses interrogated, etc.), this right can degenerate into its opposite, turning from a procedural guarantee into a means of abuse by the defendant. The article summarises the need to take into account, among other things, the individual features of the defendant, which make it possible to more correctly resolve the issue of bringing him to criminal responsibility under international law.