Procedural rights and guarantees of protection of accused persons in international criminal proceedings

Abstract

Procedural rights and guarantees of the defence of the accused in international criminal proceedings constitute one of the key prerequisites for the legitimacy of international criminal justice, as they ensure compliance with fair trial standards in cases concerning the gravest international crimes. At the same time, the practice of international criminal courts and tribunals demonstrates that, despite the normative recognition of a broad range of rights of the accused, their actual implementation is accompanied by a number of procedural and organizational difficulties.

The purpose of the article is to examine the content of procedural rights and defence guarantees of the accused in international criminal proceedings, to identify the main problems of their practical enforcement, and to formulate generalized conclusions regarding the directions for improving the relevant mechanisms.

Methods. The study employs methods of legal analysis, comparative legal research, systemic interpretation of international legal norms, and analysis of scholarly approaches of Ukrainian and foreign authors.

Results. The research has shown that the system of international criminal justice has developed a set of fundamental guarantees for the defence of the accused, including the presumption of innocence, the right to counsel, the right to adequate time and facilities for the preparation of the defence, the right to be present during proceedings, the right to examine witnesses, the right to interpretation, and the right to appeal. It has been established that special importance attaches to ensuring these rights at the pre-trial stage, where the factual inequality between the prosecution and the defence is most evident. It has also been found that among the main problems remain the limited resources available to the defence, the excessive length of proceedings, difficulties in access to evidence, and the need to reconcile the rights of the accused with the expanding procedural participation of victims.

Conclusions. In order to ensure the real effectiveness of the right to defence in international criminal proceedings, it is necessary not only to formally enshrine procedural guarantees, but also to improve the mechanisms for their practical implementation, particularly with regard to procedural equality of arms, access of the defence to resources, and observance of reasonable time limits in proceedings.