Abstract

http://ssrn.com/abstract=2298603
 


 



Caressing the Big Fish? A Critique of ICC Trial Chamber V(a)’s Decision to Grant Ruto’s Request for Excusal from Continuous Presence at Trial


Thomas Obel Hansen


United States International University (USIU)

July 1, 2013

Cardozo Journal of International and Comparative Law (JICL), Vol. 22, No. 1, 2013

Abstract:     
This comment analyses the decision of Trial Chamber V(a) to grant newly elected Vice President of Kenya William Ruto’s request for excusal from continuous presence at trial. The comment argues that the Chamber’s decision clearly deviates from the concept of equality before the law, as enshrined both in the Rome Statute and other applicable sources of law. It is argued that the decision relies on dubious interpretative methods in order to circumvent the wording of otherwise clear provisions in the Statute, notably Article 63(1) concerning the accused’s presence at trial and Article 27 concerning the irrelevance of official capacity and the obligation to treat all persons equally. By basing its decision on Ruto’s official status, the Trial Chamber may be creating a precedent for granting state officials special treatment in a Court that many had otherwise thought was intended to specifically target crimes of state officials.

Number of Pages in PDF File: 19

Keywords: Decision on Ruto's Request for Excusal from Continuous Presence at Trial, International Criminal Court, Articles 27 and 63 of the Rome Statute, Equality before the Law

Accepted Paper Series


Download This Paper

Date posted: July 27, 2013 ; Last revised: October 22, 2013

Suggested Citation

Hansen, Thomas Obel, Caressing the Big Fish? A Critique of ICC Trial Chamber V(a)’s Decision to Grant Ruto’s Request for Excusal from Continuous Presence at Trial (July 1, 2013). Cardozo Journal of International and Comparative Law (JICL), Vol. 22, No. 1, 2013. Available at SSRN: http://ssrn.com/abstract=2298603

Contact Information

Thomas Obel Hansen (Contact Author)
United States International University (USIU) ( email )
P. O. Box 14634 - 00800
Nairobi, 00800
Kenya
Feedback to SSRN


Paper statistics
Abstract Views: 445
Downloads: 118
Download Rank: 138,878

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.281 seconds