ISSN 2039-1676

17 luglio 2014 |

The right to self-representation in international criminal Justice

Between Legal Fairness and Judicial Effectiveness


Clicca sotto, su download documento, per scaricare il contributo di I. Zavoli di cui riportiamo sotto l'abstract e il sommario.

Abstract. One of the main challenges of international criminal justice is to find a balance between the different interests involved in international criminal proceedings. Three elements must be taken into account. On one side, the rights of the accused and the respect of the fairness of the trial. On the other side, the rights of the victims and the need for justice for the international crimes committed. Finally, the interests of the legal system to have efficient criminal trials. Self-representation is often involved in the conflict between legal fairness and judicial effectiveness of international proceedings. In this sense, it is a fundamental right of the accused and must be guaranteed, but at the same time it has to be limited, in order to impede any detrimental situation for the trial itself.

This paper will focus on the main questions raised by self-representation and on the possible alternative approaches to the limitation of this right in order to find a balance with the interests of Justice. The first part of this work will be dedicated to a brief analysis of the legal basis of the right to self-representation. Then, the analysis will concern the main problematic features of self-representation and the limits imposed by international tribunals, in particular the ICTY, on the use of this right. Finally, the paper will consider the possible future scenarios for self-representation and its limits in international criminal proceedings, with a reflection on alternative solutions to the question.

SOMMARIO: 1. A Brief Excursus of the Legal Basis. - 1.1. The Civil Law and Common Law Systems Approach. - 1.2. International Conventions. - 1.3. Statutes of International Tribunals. - 2. A Janus-Faced Issue. - 2.1. The Problematic Framework of the Objectives and Goals of International Criminal Justice. - 2.2. Chaos in the Trial: When the Right to Self-Representation is Abused. ­- 2.3. Procedural Issues Arising from Self-Representation. - 2.4. Limit Self-Representation: an Attempt to Reconcile Legal Fairness and Judicial Effectiveness. - 2.4.1. Main Judicial Solutions. - 2.4.2. Challenges for the Defense Counsels. - 2.5. The Future of Self-Representation and its Limits: Reflections on a Different Rationale. - 3. Conclusions.