Kenyan VP William Ruto to attend most of his trial so rules ICC Appeals Chamber

VP Willliam RutoToday, 25 October 2013, the Appeals Chamber of the International Criminal Court (ICC or Court), seized for the first time of a question on the interpretation of article 63(1) of the Court’s Statute, ruled that the absence of an accused person from trial is permissible under exceptional circumstances if the accused has explicitly waived his right to be present at trial.

The Appeals Chamber concluded that a Trial Chamber enjoys discretion under article 63(1), which states that “[t]he accused shall be present during the trial”, but that such discretion is limited and must be exercised with caution.

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