Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

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

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.