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The Pre-trial Process at the ICTY as a Means of Ensuring Expeditious Trials: A Potential Unrealized
Authors:Harmon   Mark B.
Affiliation:*The author is a Senior Trial Attorney at the ICTY. The views expressed herein are the views of the author alone and are not to be understood as representing those of the Office of the Prosecutor or the ICTY. [ harmon{at}un.org]
Abstract:Whilst clarifying that given their complexity internationalcriminal trials cannot be considered unreasonably long, theauthor maintains that the procedural framework in place at theInternational Criminal Tribunal for the former Yugoslavia issuitable for ensuring fair and effective proceedings. However,for expediency to be achieved, it is imperative that judgesbe more actively involved in the pre-trial phase. In particular,the author suggests that pre-trial judges appointed in eachcase should personally preside over all (or most) preliminaryhearings and should then be members of the Trial Chamber thatwill hear the case.
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