The Pre-Trial Process at the ICTY as a Means of Ensuring Expeditious Trials: A Potential Unrealized

Abstract

Whilst clarifying that given their complexity international criminal trials cannot be considered unreasonably long, the author maintains that the procedural framework in place at the International Criminal Tribunal for the former Yugoslavia is suitable for ensuring fair and effective proceedings. However, for expediency to be achieved, it is imperative that judges be more actively involved in the pre-trial phase. In particular, the author suggests that pre-trial judges appointed in each case should personally preside over all (or most) preliminary hearings and should then be members of the Trial Chamber that will hear the case.