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The International Criminal Court and Africa$
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Charles Chernor Jalloh and Ilias Bantekas

Print publication date: 2017

Print ISBN-13: 9780198810568

Published to Oxford Scholarship Online: November 2017

DOI: 10.1093/oso/9780198810568.001.0001

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Presence of the Accused: Right or Duty?

Presence of the Accused: Right or Duty?

The Art of Interpretation in a Tense Political Climate

Chapter:
(p.163) 7 Presence of the Accused: Right or Duty?
Source:
The International Criminal Court and Africa
Author(s):

Dire D Tladi

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198810568.003.0008

This chapter examines the legal and political debates concerning the presence of the accused during trial in relation to the International Criminal Court’s involvement with the Kenya situation, and the possibility of amending the relevant provision in its Rules to permit suspects to be heard via video-linked testimony. At a micro level this chapter evaluates the interpretation of ‘presence provisions’ of the Rome Statute by the respective chambers of the ICC. At a macro level the chapter is a reflection, through a description of the contestation over presence of the accused, on the role that politics can play in international criminal justice. The chapter gives an overview of the four ICC decisions regarding presence under the Rome Statute. It then goes on to evaluate these decisions given the rules of interpretation while considering the political climate. Finally, it seeks to consider the outcomes of the Assembly of States Parties’ deliberations on presence and offers some concluding remarks.

Keywords:   International Criminal Court (ICC), Kenya, African Union, Rome Statute, Assembly of States Parties

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