Pluralism and the rights of the accused in international criminal proceedings

This chapter explores the phenomenon known as ‘rights pluralism’ in international criminal procedure, as seen in the treatment of the accused in so-called leadership trials. It argues that charges in such trials are more indistinct, easier to prove, and thus harder to refute than those in the trials that do not involve high-ranking accused and, for that matter, those in domestic criminal trials. In order to ensure that all accused in international criminal tribunals are provided with a reasonable opportunity to refute charges and respond to the incriminating evidence, the international model of adjudication should be steered closer to the national one.