@PoshSpice,
PoshSpice wrote:I wonder if the world will try them in absentia.
My post wasn't about "the world" but the ICC.
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC) in The Hague.
(Especially) In countries with common law, trials in absentia are seen as controversial. (That was widely noted during the creation of the Rome Statute.)
My personal opinion is that trials in absentia compromise the ability of an accused to exercise his or her rights.
The Rome Statute, from which the ICC draws its authority, sets out two provisions that preclude trials being held in absentia:
- Article 60 requires the accused to appear in person in front of a Pre-Trial Chamber of the ICC before the trial phase of proceedings can begin,
- Article 63(1) specifically states that"[t]he accused shall be present during the trial".
The ICC’s judiciary had largely supported the idea that trials cannot take place in absentia. In 2013, the Appeals Chamber found that the Rome Statute reinforces the accused’s right to be present at trial and does not permit it to be implicitly waived. Other judges have taken a similar position.
However: in May 2020, the Appeals Chamber issued an opinion in which it stated that the Rome Statute, when properly understood, does not prevent trial from continuing when the accused has decided to be wilfully absent.
My personal opinion again: trials in absentia give rise to concerns they are being used for political, rather than legal reasons.
From a practical perspective, it is difficult to justify a long and expensive international criminal trial when the accused is not available to be punished should they be found guilty. It would represent nothing more than a symbolic and weak "victory".