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.

Research output: Chapter in Book/Report/Conference proceedingBook chapter

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.

Original languageEnglish
Title of host publicationAnnotated Leading Cases of International Criminal Tribunals : The International Criminal Court
EditorsAndré Klip, Stephen Freeland
Number of pages9
VolumeL
Place of PublicationAntwerp
PublisherIntersentia
Publication date2017
Pages216-224
ISBN (Print)978-1-78068-450-5
Publication statusPublished - 2017
SeriesAnnotated Leading Cases of International Criminal Tribunals
Volume50

ID: 146293207