International Tribunals and the Right to a Speedy Trial: Problems and Possible Remedies

Abstract

This article is a constructive analysis of the reasons underlying one the most significant shortcomings of international criminal tribunals: lengthy detention periods prior to, during and after trial. The authors, who have extensive experience working in international criminal tribunals, argue that the breadth of the indictment cannot be the principal focus of criticism for lengthy proceedings. They advocate a more holistic approach, and examine causes and possible remedies for delay in the pre-trial, trial and post-trial periods. With an eye towards improving the speed of proceedings in other international criminal courts, the authors identify a number of areas for reform, including improvements in the selection process of judges; largely dispensing with oral direct examination; more rigorous training in statement-writing for investigators and lawyers; greater use of investigators from the region where the crimes were committed; judicial mechanisms to restrict unnecessary cross-examination; taking judicial notice of adjudicated facts wherever possible; admitting documents in evidence other than through witnesses; improved training of defence counsel; a requirement to deliver judgement within a defined period after the end of trial; restricting self-representation; and empowering international courts to deal summarily with instances of contempt. With these steps, international courts and tribunals will move closer to protecting the fundamental right to a fair and expeditious trial.