Transforming attendance at the International Criminal Court

Judicial approaches to remote participation of witnesses and the accused

Bibliographic Data

ID23311779
AuthorsCloé Dubuc (0009-0009-6017-1059, The University of Sydney), Kamil Sobański (0000-0003-2889-6139, United States Department of Justice)
Year2026
Publication date2026-07-27
Open AccessYes
TypeARTICLE
VenueOñati Socio-legal Series (JOURNAL)
Journal identifiersISSN: 2079-5971 • E-ISSN: 2079-5971
PublisherOnati International Institute for the Sociology of Law (PUBLISHER • ES)
DOI10.35295/osls.iisl.2683
OpenAlexW7171383964
LanguageEN
Citations received1
References cited33

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.

Attendance · Criminal court · Criminal procedure · Criminal trial · Fair trial · Cambodian History and Society · International Law and Human Rights · Law in Society and Culture

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