Defendant in International Criminal Proceedings

Björn Elberling is an attorney in private practice in Kiel, specialising in criminal defence, media law and migration law. He is a former Research Fellow at the Walther Schücking Institute of International Law, University of Kiel.

• Introduction Part I – The Defendant in International Criminal Proceedings1. Can There Be Proceedings (in the Defendant's Presence) at All? A The Absolute Ban on Proceedings Against Deceased Defendants B Fitness of the Defendant to Stand Trial C Proceedings in the Absence of the Defendant 2. The Position of the Defendant in the Trial A Position vis-à-vis Counsel B Position vis-à-vis the Court C Ability to Make Statements 3. The Position of the Defendant in Developments Alongside the Trial 4. Summary Part II: Between Impunity and Show Trials? – Between Law and Historiography5. The Relationship between Criminal Trials and Historiography 6. Tracing the Influence of Historiography on the Law Conclusion Bibliography