Shifting Priorities: Are Attitudes Changing at the International Criminal Court about Trials in absentia?

What is it about?

It has long been thought that the provisions of the Rome Statute of the International Criminal Court does not allow for an accused to be tried in absentia. Despite that long-standing belief, a recent decision by the Court’s Appeals Chamber suggested that trials in absentia might be possible, at least under certain circumstances. It based its decision on three things: a unique interpretation of the Court’s Statute, the past practice of other international criminal justice institutions and the national law. This article examines the rationale behind the Appeals Chamber’s decision by reviewing different interpretations of the Statute and how international and domestic jurisdictions have handled this issue. The article concludes that the decision of the Appeals Chamber is incorrect and that the law currently governing the International Criminal Court does not allow trial in absentia.

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