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.

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 -