The Problem of Self-Representation at International Criminal Tribunals: Striking a Balance between Fairness and Effectiveness |
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| Authors: | Jorgensen Nina HB |
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| Institution: | * LLB (Bristol), D.Phil. (Oxon), Barrister; Senior Legal Adviser, Office of the Prosecutor, Special Court for Sierra Leone. The views expressed herein are those of the author alone and do not necessarily reflect those of the Special Court for Sierra Leone or any other organization. This article is an expanded version of a Note in 99 American Journal of International Law (2005) 663-668 and builds on a piece in 98 American Journal of International Law (2004) 711–726. |
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| Abstract: | The principle that the right to self-representation is not absolute,as established by international criminal tribunals, raises difficultquestions of application that are still being worked out inthe jurisprudence. There has been a recent shift in focus, fromestablishing the modalities for the exercise of the right inthe early stages of the Milo evi trial to establishing the circumstancesin which the right may be qualified. This article examines recentdevelopments and considers where the threshold for revokingor qualifying the right to self-representation lies, how thevarious modes of court imposed representation may be synthesizedand what the standard is for counsel who is representing anuncooperative accused. |
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