Defiance, Defence, Repentance and What Lies Between

Abstract

Abstract What determines the particular postures of defendants in international criminal trials is little understood, even though it has a significant impact on the perceived legitimacy of those proceedings. After identifying three ideal-typical postures, this article focuses on observed instances of postural shifts and more subtle oscillations between them, in an effort to evaluate the extent to which such shifts can be said to result from defendants’ interaction with tribunals. While the evidence suggests that the lived experience of tribunal proceedings likely plays a role, there are several other plausible and important motivations for such shifts, each with their own distinct implications for international criminal justice.