The newly published book ‘Defense Perspectives on International Criminal Justice’ examines the role of the defense in international criminal proceedings, providing an assessment of the current challenges to the guarantee of fair and efficient criminal proceedings. It is an accumulation of discussions by leading practitioners and scholars offering their perspectives on the work of the defense.
The message of the publication is a clear presentation of how every aspect of the defense is indispensable to the administration of international criminal justice. Each chapter provides a discussion of the fundamental role of the defense in a unique context, all while highlighting how its work is firmly embedded in the maintenance of a fair and transparent system of justice. By presenting first-hand perspectives of defense counsel, it acts as a guidance tool to achieve the objective of international criminal law, the fair and efficient delivery of justice.
Managing partner Wayne Jordash QC and senior legal consultant Léa Kulinowski have co-authored two chapters under the section discussing specific aspects of the work of the defense. The chapters put forward an examination of the admissibility regime, exploring the development of the relevant rules and their consequences on the guarantee of a fair trial.
Jordash and Kulinowski provide their perspectives on the current approaches taken by ad hoc tribunals, critically assessing the gradual shift towards an encompassing admissibility process running contrary to efficient and fair proceedings. Together, the chapters demonstrate how such an approach acts as a means to assist the prosecution, undermines the certainty of factual and legal issues, and proceeds far-reaching detrimental effects to the process of justice. Their contributions rest on the conclusion that the current approach in favouring quantity over quality of evidence is done at the expense of overall efficiency and fairness of international criminal proceedings. In doing so, the combined effect of both chapters is integral to the welcoming of the publication as a source of navigation for the development of international criminal law.
