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date: 20 January 2021

Abstract and Keywords

This chapter focuses on the attorneys who represent defendants. On the basis of interviews with 18 defence attorneys at the International Criminal Court (ICC), nearly all of whom had extensive experience at other international tribunals, this chapter assesses whether the rise of ‘managerial judging’—greater judicial control over the conduct of trials in the name of ‘efficiency’—has adversely affected defence perceptions of the fairness of trials. Perhaps surprisingly, most defence attorneys do not believe that judges at the ICC have undermined the fairness of trials through their managerialism. In the majority’s view, the problem with the judges is not excessive emphasis on efficiency but unwarranted deference to the prosecution on a variety of issues, such as failing to demand adequate disclosure or not sufficiently questioning the adequacy of evidence during the confirmation of charges. This chapter thus concludes that, to promote defence perceptions of fairness, limiting managerial judging is less important than promoting equality of arms through, for example, greater legal aid and greater skepticism toward the prosecution’s case prior to trial.

Keywords: International Criminal Court (ICC), Right to fair trial, Judges, judicial control, fairness, managerialism, prosecution

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