Journal of International Criminal Justice Advance Access originally published online on January 16, 2006
Journal of International Criminal Justice 2006 4(1):64-77; doi:10.1093/jicj/mqk003
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The Problem of Self-Representation at International Criminal Tribunals
Striking a Balance between Fairness and Effectiveness
* 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) 711726.
[jorgensenn{at}un.org]
The principle that the right to self-representation is not absolute, as established by international criminal tribunals, raises difficult questions of application that are still being worked out in the jurisprudence. There has been a recent shift in focus, from establishing the modalities for the exercise of the right in the early stages of the Milo
evi
trial to establishing the circumstances in which the right may be qualified. This article examines recent developments and considers where the threshold for revoking or qualifying the right to self-representation lies, how the various modes of court imposed representation may be synthesized and what the standard is for counsel who is representing an uncooperative accused.