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The Milošević TrialAn Autopsy$
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Timothy Waters

Print publication date: 2014

Print ISBN-13: 9780199795840

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199795840.001.0001

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The Legitimacy Paradox of Self-Representation

The Legitimacy Paradox of Self-Representation

Chapter:
(p.174) 12 The Legitimacy Paradox of Self-Representation
Source:
The Milošević Trial
Author(s):

Yuval Shany

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199795840.003.0012

This chapter comments on the discussion in Chapter 11, which focused on the challenges arising from Milošević's insistence on defending himself. It argues that self-representation raises issues of principle that go to the very heart of a paradox underlying the whole of international criminal justice—the legitimacy paradox. On the one hand, common considerations of procedural fairness and respect for the individual autonomy of defendants militate in favor of accommodating self-representation; on the other hand, there may be strong institutional interests in favor of conducting effective proceedings over a reasonable period of time, with which self-representation may collide.

Keywords:   criminal trials, defendants, self-defense, Slobodan Milošević, international criminal justice

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