Procedural Fairness in the International Criminal Court

A. Sarvarian et al. (eds), Procedural Fairness in International Courts and Tribunals (London: BIICL 2015)

25 Pages Posted: 1 Jul 2015 Last revised: 22 Oct 2015

See all articles by Sergey Vasiliev

Sergey Vasiliev

Department of Criminal Law; University of Amsterdam - Amsterdam Center for International Law

Date Written: April 23, 2015

Abstract

The specificities of the legal and institutional design of the International Criminal Court (ICC) impact on the configuration of procedural fairness as it applies within its legal regime. The content and scope of this principle at the ICC differs from interpretations given to it by the United Nations ad hoc tribunals. This chapter brings into sharper relief the ICC’s distinctive features that have a bearing on its parameters of fairness, including, but not limited to, the accused’s right to a fair trial. It addresses how far the ICC has advanced in developing the paradigm of fairness adapted to its procedural context. Some aspects of the ICC’s practice stand to be challenged as infringing rather than merely re-interpreting this principle. The question is then, how fatal the taint of a less-than-perfect procedural justice is to the ICC that was conceived as a role model of fairness.

Keywords: fairness, fair trial, International Criminal Court, international criminal procedure, role model

Suggested Citation

Vasiliev, Sergey, Procedural Fairness in the International Criminal Court (April 23, 2015). A. Sarvarian et al. (eds), Procedural Fairness in International Courts and Tribunals (London: BIICL 2015). Available at SSRN: https://ssrn.com/abstract=2598041

Sergey Vasiliev (Contact Author)

Department of Criminal Law ( email )

REC A919
Faculty of Law University of Amsterdam
Amsterdam, 1001NB
Netherlands

University of Amsterdam - Amsterdam Center for International Law ( email )

REC A919
Faculty of Law University of Amsterdam
Amsterdam, 1001NB
Netherlands

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