Prof Megan Fairlie discusses the use of replacement judges in international criminal trials

Guest Post: W(h)ither now the reputation of the ICTY?

by Megan Fairlie

A brief consideration of the history of replacement judges at the ICTY reveals an increasing disregard for the rights of the accused in favor of avoiding costly and time-consuming re-hearings. Initially, part-heard cases could not continue with a replacement judge without the accused’s consent. Then, as “consent was only a safeguard,” the rules were amended to permit the two remaining judges to independently decide when continuing a part-heard case “would serve the interests of justice.”

Read the full article in Opinio Juris here.


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