Amending the legal characterization of the facts at trial stage in the proceedings of the International Criminal Court and the defendant's right to a fair trial: case commentary.
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Amending the legal characterization of the facts at trial stage in the proceedings of the International Criminal Court and the defendant's right to a fair trial: case commentary. / Cullen, Miriam.
Annotated Leading Cases of International Criminal Tribunals: The International Criminal Court. red. / André Klip; Stephen Freeland. Bind L Antwerp : Intersentia, 2017. s. 216-224 (Annotated Leading Cases of International Criminal Tribunals, Bind 50).Publikation: Bidrag til bog/antologi/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt
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TY - CHAP
T1 - Amending the legal characterization of the facts at trial stage in the proceedings of the International Criminal Court and the defendant's right to a fair trial:
T2 - case commentary.
AU - Cullen, Miriam
PY - 2017
Y1 - 2017
N2 - Regulation 55 of the Regulations of the International Criminal Court draws on a civil law tradition which allows the legal characterization of the facts to be amended while criminal proceedings are on foot. Great care must be taken in its implementation. Our due process alarm bells should start to ring the moment the purpose of putting an end to impunity begins to override fundamental human rights. No matter how commendable the goal of ending impunity, the consequence of ignoring fundamental fair trial guarantees in the process, paradoxically, undermines the validity of that very pursuit. Commentary on Judgment on the appeals of Mr Lubanga Dyilo and the Prosecutor against the Decision of Trial Chamber I of 14 July 2009 entitled “Decision giving notice to the parties and participants that the legal characterisation of the facts may be subject to change in accordance with Regulation 55(2) of the Regulations of the Court”, Situation In The Democratic Republic Of The Congo In The Case Of The Prosecutor V.Thomas Lubanga Dyilo, Case No. ICC-01/04-01/06-2205, A.Ch., 8 December 2009.
AB - Regulation 55 of the Regulations of the International Criminal Court draws on a civil law tradition which allows the legal characterization of the facts to be amended while criminal proceedings are on foot. Great care must be taken in its implementation. Our due process alarm bells should start to ring the moment the purpose of putting an end to impunity begins to override fundamental human rights. No matter how commendable the goal of ending impunity, the consequence of ignoring fundamental fair trial guarantees in the process, paradoxically, undermines the validity of that very pursuit. Commentary on Judgment on the appeals of Mr Lubanga Dyilo and the Prosecutor against the Decision of Trial Chamber I of 14 July 2009 entitled “Decision giving notice to the parties and participants that the legal characterisation of the facts may be subject to change in accordance with Regulation 55(2) of the Regulations of the Court”, Situation In The Democratic Republic Of The Congo In The Case Of The Prosecutor V.Thomas Lubanga Dyilo, Case No. ICC-01/04-01/06-2205, A.Ch., 8 December 2009.
M3 - Book chapter
SN - 978-1-78068-450-5
VL - L
T3 - Annotated Leading Cases of International Criminal Tribunals
SP - 216
EP - 224
BT - Annotated Leading Cases of International Criminal Tribunals
A2 - Klip, André
A2 - Freeland, Stephen
PB - Intersentia
CY - Antwerp
ER -
ID: 146293207