Fair Trial Guarantees for the Accused Before the International Criminal Court in Light of the Rome Statute

Abstract

This research examines the rights of the accused during trial before the International Criminal Court in light of the Rome Statute. It aims to identify the legal and procedural safeguards established by the Statute to protect the rights of the accused and uphold the requirements of a fair trial.

The research addresses several fundamental safeguards, including judicial independence and impartiality, the principle of legality and the presumption of innocence, the prohibition of double jeopardy, the right of the accused to be present at trial and to be informed of the charges, the right to defence and legal representation, the right to interpretation where necessary, as well as the principles of public hearings, oral proceedings, and the recording of trial proceedings. It also examines the right to have the case heard without undue delay.

The research concludes that the Rome Statute provides a set of safeguards designed to protect the rights of the accused during trial, and that the effectiveness of these safeguards depends on their practical implementation. This is particularly evident in ensuring that the accused can exercise the right to defence effectively, safeguarding judicial independence and impartiality, and maintaining a balance between the timely resolution of cases and the requirements of a fair trial. The research further concludes that achieving international criminal justice requires respect for the rights and safeguards afforded to the accused, thereby ensuring the integrity of judicial proceedings.

The research recommends establishing more effective mechanisms to expedite judicial proceedings without compromising the rights of the accused; strengthening practical measures that enable the accused to prepare a defence, access evidence, and challenge it; improving the accurate documentation of trial proceedings and hearing records; and encouraging applied legal studies examining the effectiveness of fair-trial safeguards in the judicial practice of the International Criminal Court.