PhD thesis - FINAL.pdf (2.75 MB)
Undue Delay in International Criminal Proceedings
thesisposted on 2018-08-13, 00:30 authored by CATRIONA ANN MACIVOR
It is not uncommon for international criminal proceedings to last for over a decade. Despite this, international criminal tribunals have rarely found that the accused was subjected to undue delay. To determine if an accused has been subjected to undue delay, international tribunals apply criteria used in domestic criminal proceedings. This thesis argues that these criteria that do not account for the differences between international and domestic criminal proceedings and proposes an adapted legal test for assessing undue delay that balances the unique context in which international tribunals operate with the right to a fair trial.