Frivolous Motions and Abuses of Process at the Ad Hoc International Criminal Tribunals

Authors

• Devon Whittle

Abstract

The article examines the application of rules sanctioning frivolous or abusive motions at the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). While these rules are essential to prevent abuse of process, their application lacks consistency and clarity, leading to concerns about bias and undermining the principle of equality of arms. The article argues that developing a standardized framework for applying these rules would enhance fairness, reduce allegations of prejudice, and provide clearer guidance for counsel.

Disciplines

Comparative and Foreign Law | Courts | Criminal Law | Criminal Procedure | Law | Legal Profession

Recommended Citation

Devon Whittle, Frivolous Motions and Abuses of Process at the Ad Hoc International Criminal Tribunals, 22 Cardozo J. Int'l & Comp. L. 1 (2013).
Available at: https://larc.cardozo.yu.edu/cjicl/vol22/iss1/3