The response to a finding of unfitness in international criminal law: Lessons from the Kabuga case

The case of Félicien Kabuga before the International Residual Mechanism for Criminal Tribunals has cast light on the international criminal law framework governing situations in which an accused is found unfit to stand trial. The Trial Chamber's decision to institute an ‘alternative finding procedure’ in lieu of a criminal trial—later quashed by the Appeals Chamber as incompatible with the Mechanism's Statute—raised fundamental questions about how international courts should respond when an accused cannot meaningfully participate in their own trial, including whether a tribunal should relinquish or retain control over the case. The case also offered a timely opportunity, which the court ultimately did not take, to revisit applicable principles in light of evolving standards under the Convention on the Rights of Persons with Disabilities.