The Problem of Self-Representation at International Criminal Tribunals: Striking a Balance between Fairness and Effectiveness
Posted: 29 Feb 2008
Date Written: March 2006
The principle that the right to self-representation is not absolute, as established by international criminal tribunals, raises difficult questions of application that are still being worked out in the jurisprudence. There has been a recent shift in focus, from establishing the modalities for the exercise of the right in the early stages of the Milo[scaron]evi[cacute] trial to establishing the circumstances in which the right may be qualified. This article examines recent developments and considers where the threshold for revoking or qualifying the right to self-representation lies, how the various modes of court imposed representation may be synthesized and what the standard is for counsel who is representing an uncooperative accused.
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