Some Reflections on the Right to Self-representation Before International Tribunals

摘要

The right to self-representation forms a part of the fair trial guarantees vital to every criminal proceeding. The accused, an individual human being, is to stand in the centre of his own trial, i.e. as a subject not an object of the proceedings. On the other hand, a fair trial also calls for the existence of equality of arms. As judicial procedures tend to be hard to grasp in their entirety for an accused not trained in a legal profession the right to self-representation has its barriers were the complexity of the case demands the accused to be assisted and/or represented by a counsel, even against his will. By the same token, where an accused due to his own behaviour obstructs the expeditious and effective carriage of the proceedings the interests of justice can necessitate the limitation or even the waiver of the right to self-representation. The difficulties to define and limit the right to self-representation in an adequate manner have been subject to a constant debate before the ad hoc Criminal Tribunals. The author highlights the cornerstones of this development thus illustrating the delicate balancing act between the conflicting interests involved.