Trials in Absentia

Abstract

This chapter discusses one of the newest and most controversial measures of expediency in international criminal law (ICL), namely trials in absentia, which mechanism, after having been dormant for years, was re-instated at some International Criminal Tribunals (ICTs). In civil law countries, trials in absentia can be used if the national system abides by the safeguards that are codified in, for instance, the European Convention on Human Rights (ECHR), and the International Covenant on Civil and Political Rights (ICCPR). Trials in absentia are part of criminal procedure in civil law countries but have only been allowed in limited cases in common law countries. Trials in absentia were first applied in ICL during the International Military Tribunal (IMT) at Nuremberg. The use of trials in absentia has not been common in recent years in international law.Keywords: European Convention on Human Rights (ECHR); ICCPR; international criminal law (ICL); International Criminal Tribunals (ICTs); international law; International Military Tribunal (IMT); Nuremberg; trials in absentia