Year: 2026
Type: article
Abstract: This paper examines how the judicial chambers of the International Criminal Court (ICC) have handled remote participation via video link by both witnesses and the accused, and how these practices shape attitudes toward presence. By analyzing ICC decisions across all stages in which remote participation has been authorized, and drawing on current research on virtual justice, we show that judicial practice remains fragmented. ICC judges tend to permit remote testimony by witnesses more openly than remote participation by the accused, relying on inconsistent understandings of presence. We argue that a clearer and more coherent framework is needed – one that places the accused’s fair trial rights at its core.
Source: Oñati Socio-legal Series
Authors: Cloé Dubuc, Kamil Sobanski
Institutions: The University of Sydney, University of Wrocław
Topic: Education, Law, and Society
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
Award: G3640771525
OpenAlex ID: W7171383964