Making it Right

Abstract The physical presence of the accused in the courtroom and the right to be present during trials are fundamental to a fair trial and crucial for the protection of defence rights. However, with the rise of digitalization accelerated by the COVID-19 pandemic, the possibility of remote participation via video link in criminal trials has become increasingly viable. This article argues in favour of broadening the accused’s right to be present at International Criminal Court (ICC) trials so as to include remote participation. This article traces the development of the accused’s remote participation in ICC proceedings, explores its merits and flaws, and offers a proposal for implementing such practices.

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Publication Details

Journal
Journal of International Criminal Justice
Published
2025-11-05
DOI
https://doi.org/10.1093/jicj/mqaf054
Primary Topic
Law in Society and Culture
Type
article
Field-Weighted Citation Impact
0.00
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article

Making it Right

Kamil Sobański
Journal of International Criminal Justice
Law in Society and Culture
article

Making it Right

Kamil Sobański
article en

Abstract

Abstract The physical presence of the accused in the courtroom and the right to be present during trials are fundamental to a fair trial and crucial for the protection of defence rights. However, with the rise of digitalization accelerated by the COVID-19 pandemic, the possibility of remote participation via video link in criminal trials has become increasingly viable. This article argues in favour of broadening the accused’s right to be present at International Criminal Court (ICC) trials so as to include remote participation. This article traces the development of the accused’s remote participation in ICC proceedings, explores its merits and flaws, and offers a proposal for implementing such practices.

Journal of International Criminal Justice
United States Department of Justice (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 9%
Law in Society and Culture
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