Introduction -- Is presence at trial a right, a duty, or both? -- The role of different legal systems in formulating the right to be present at trial in international criminal law -- The interaction between the right to be present at trial and the underlying goals of international criminal trials -- The right to be present at trial and trial in absentia -- The compatibility of trial by default with the right to be present at trial -- The right to be present and absences that occur after the beginning of trial -- When is present not present : the right to be present and the ability to understand and participate in proceedings -- The evolution of the right to be present since the introduction of the Special Tribunal for Lebanon's Statute -- Conclusion
Summary
In 'The Right to Be Present at Trial in International Criminal Law' Caleb Henry Wheeler analyses what it means for the accused to be present during international criminal trials and how that meaning has changed. This book also examines the impact that absence from trial can have on the fair trial rights of the accused and whether those rights can be upheld outside of the accused's presence. Using primary and secondary sources, Caleb Wheeler has identified four different categories of absence and how each affects the right to be present. This permits a more nuanced understanding of how the right to be present is understood in international criminal law and how it may develop in the future
