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Commentary: Rule 61 Procedure in the International Criminal Tribunal for the Former Yugoslavia: A Lesson for the ICC

Published online by Cambridge University Press:  03 March 2004

Shuichi Furuya
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Abstract

Instead of conducting trials in absentia, the International Criminal Tribunal for the Former Yugoslavia has an innovative procedure against an accused not in custody. Officially, this ‘Rule 61 procedure’ is only a proceeding for reconfirming an indictment, which does not determine an accused's guilt or innocence. In substance, however, it has functioned as a trial-like procedure to some extent. As a judicial finding on legal issues, the decisions under the procedure have influenced subsequent trials. This article traces the evolution of the procedure and explores its unique character. In particular, by examining essential problems thereof, this article clarifies some points to be considered in establishing a similar mechanism for the International Criminal Court.

Keywords

Rule 61 proceduretrials in absentiaaspects of ex parte procedure
Type
HAGUE INTERNATIONAL TRIBUNALS: International Criminal Tribunal for the Former Yugoslavia
Information
Leiden Journal of International Law , Volume 12 , Issue 3 , September 1999 , pp. 635 - 669
Copyright
© 1999 Kluwer Law International

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