VARAZDAT SUKIASYAN
One of the fundamental principles of international human rights law is that persons accused in criminal proceedings have the right to be present at their trial. This article examines whether the confirmation of charges procedure before the International Criminal Court, when conducted in the absence of the accused (Article 61(2)), is compatible with international human rights law. Drawing on the jurisprudence of regional human rights courts and the United Nations Human Rights Committee, it is argued that where an accused subsequently appears before the Court but is not afforded the right to a full retrial (de novo), such a procedure would be inconsistent with the requirements of international human rights law.