The Concept of Trials in Absentia in International Criminal Law and the Special Tribunal for Lebanon: An Overview

Abstract

Trials in absentia have always been quite a contentious source of controversies in international criminal law, especially given the nature of crimes that result into these trials and given the question regarding what can be an acceptable standard of legal due process that ought to be adhered to in course of such trials. Throughout this paper, the author has sought to present an overview of the concept as it is prevalent in the current domestic and international legal scenarios. An effort has also been made to portray the range and acceptability of the arguments that are advanced by the proponents and detractors of the notion of accepting this category of trials as a matter of course to combat international and domestic crimes. The varying approaches of common law and civil law jurisdictions vis-à-vis this subject-matter has also been examined, together with the practices prevalent in renowned international tribunals such as International Criminal Tribunal for the former Yugoslavia [hereinafter referred to as “ICTY”], the International Criminal Tribunal for Rwanda [hereinafter referred to as “ICTR”] and the International Criminal Court [hereinafter referred to as “ICC”]. Finally, the author has looked into the manner in which the question of the validity of such trials has once again come to the forefront owing to its acceptance by the Special Tribunal for Lebanon.