Title

Self-Representation versus Assignment of Defense Counsel before International Criminal Tribunals

Abstract

After examining the drafting history of Article 14 of the UN Covenant on Civil and Political Rights, which lays down a defendant's right 'to defend himself in person or through legal assistance of his own choosing' - the relevant national and international case law and scholarly commentary - the author argues that the underlying purpose of the right at issue is to ensure a fair trial. This objective can best be met in cases of former leaders accused of international crimes by assigning the defendant a highly qualified attorney who is vigilantly committed to representing his client's interests. In his view, there are two main reasons why a court in international crimes trial should be able to require the defendant to work through counsel: (1) the likelihood that a defendant will act in a disruptive manner; and (2) the unique need in a complex international crimes case for an orderly trial.

Keywords

Self-Representaton

Publication Date

2006

Document Type

Article

Place of Original Publication

Journal of International Criminal Justice

Publication Information

4 Journal of International Criminal Justice 31 (2006)

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COinS Michael P. Scharf Faculty Bio