Fairness and Expediency in International Criminal Procedure
Obstacles to Fairness in Criminal Proceedings: Individual Rights and Institutional Forms, 1st Ed. 2018, pp. 179 - 189.
Posted: 14 Jun 2018
Date Written: 2018
In this paper it is argued that international criminal procedure must be guided by the two principles of fairness and expediency. Fairness and expediency do not contradict, but complement each other for it is also in the interest of the suspect or accused that her legal situation is clarified as expediently as possible as long as this does not entail an inacceptable curtailment of fair trial rights. Indeed, on the one hand, fairness does not only encompass, at its core, the principle of equality of arms but also the temporal element of a speedy procedure or trial in several rights (which entails that expediency must not go at the cost of fairness). On the other hand, efficiency or expediency relates to speedy and well managed investigations, prosecutions and trials and thus speaks to the need for pre-trial and trial management.
Suggested Citation: Suggested Citation