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Judicial Creativity at the International Criminal Tribunals$
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Shane Darcy and Joseph Powderly

Print publication date: 2010

Print ISBN-13: 9780199591466

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199591466.001.0001

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The Development of the Right to Self-Representation before the International Criminal Tribunals

The Development of the Right to Self-Representation before the International Criminal Tribunals

Chapter:
(p.252) 11 The Development of the Right to Self-Representation before the International Criminal Tribunals
Source:
Judicial Creativity at the International Criminal Tribunals
Author(s):

Gillian Higgins

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199591466.003.0012

This chapter looks at the way in which the ad hoc Tribunals have sought to balance the right of an accused to represent themselves with the interests of justice and the expeditious conduct of proceedings. It undertakes an in depth analysis of the current jurisprudence on the matter and documents the strategies adopted by the bench in dealing with self-representing accused such as Slobodan Milošević, Radovan Karadžić, and Vojislav Šešelj. It is evident that in dealing with such issues as disruptive or ill self-representing accused the bench of the ad hoc Tribunals has had to engage in a creative interpretation of the relevant substantive and procedure law in order to come to a ‘fair’ resolution in the interests of the accused and justice more generally.

Keywords:   international criminal law rights of the accused, fair trial rights, self-representation, human rights, Slobodan Milošević, Radovan Karadžić, Vojislav Šešelj

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