“An accused may be excused from continuous presence in the Court after the Chamber satisfies itself that exceptional circumstances exists, alternative measures have been put in place and considered, including but not limited to changes to the trial schedule or temporary adjournment or attendance through the use of communications technology or through representation of Counsel,” reads one of Kenya’s proposed amendments to the Rome Statute. If implemented, the change would give President Kenyatta and Deputy Ruto more wiggle room in the statute, in theory to attend to their official functions. The ICC Rules of Procedure and Evidence were changed after last year’s Assembly of State Parties so, in practice, excusal from trial can happen under exceptional circumstances. Do you think the Rome Statute should also be amended so that excusal is foreseen in the ICCs core document?
Posted on: Tue, 18 Mar 2014 10:10:00 +0000
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