International criminal proceedings are shaped by roles and personalities. Justice emerges through the interaction of different actors. But who are these actors? What are their respective roles? This is what we will explore in this video. The court room is often compared to an arena. Defense council are typically set to tell the story as a tragedy. Prosecutors presented as a morality play. But the roles of actors in the legal process go beyond performative aspects. They are determined by set of legal and ethical obligations that are geared at ensuring fair and effective justice and in bringing out the truth. We will look at them in greater detail now. We will start with the prosecution. What is the role of prosecutors? Prosecutors are typically the engine of proceedings. They start the case. Their function is not simply to secure conviction, but to assist the judges in discovering the truth. As a party, prosecutors cannot be required to be neutral, but they're meant to be non-partisan. And this has several implications. First of all, prosecutors must respect the presumption of innocence. This means that they're bound to keep an open mind towards the innocence of the defendant throughout the proceedings. Second, prosecutors are bound by the principle of objectivity. This means that they must conduct investigations and prosecutions with the aim of establishing the truth and reaching a just verdict. Third, the prosecutor must respect the rights of the accused at all times. They must also take into account the interest and circumstances of victims affected by crime, such as victims and witnesses. Prosecutors are vested with a considerable degree of independence. This protects prosecutors from external instruction, from political accountability and from attacks from powerful states. But does this mean that prosecutors are absolved from politics? I think you can guess the answer. Politics play a role in the creation of tribunals, in the appointment of prosecutors, in the funding of operations, and in the closure of mandates. Prosecutors also hold the most political function in international criminal justice. They determine who will be charged, when, and how. This makes it important to ground practice in norms and rules, in consistent and objective prosecutorial policies, and transparent decision making, and in professional diligence. The fight over the independence of the prosecutor was a breaking point in negotiations of the ICC. At the Rome conference, states agreed to entrust the ICC prosecutor with the power to take action on its own motion. But this power was only accepted under the condition of control by the Pre-Trial Chamber. Ultimately of course, the prosecution bears the burden of proving the defendant's guilt beyond reasonable doubt. What is the role of the defense? The defense is a counterpart to the prosecution. The purpose of any defense strategy is to induce a reasonable doubt in relation to the charges, to challenge prosecution evidence, and to call into question the connection between the defendant and the crime. The defense protects the rights of the defendant to a fair trial and the equality of arms between the prosecution and the defense. It ensures for instance that innocent persons are acquitted and that sentences are proportionate. But the contribution to the criminal process goes beyond that. The defense is essential for the integrity of the proceedings and the process of truth-finding. However, the defense often lags behind the prosecution in terms of case preparation and resources. Some counsel complain that the defense often faces a presumption of guilt rather than a presumption of innocence. It has less opportunities to carry out it's own investigation and lawyers often face obstruction when they seek to carry out investigations. They also lack the power to request cooperation from state authorities. The rights of the defendant are not merely human rights guarantees. There are a fundamental element of the fairness of proceedings. They differ according to the stages of the proceedings. Suspects enjoy human rights protections such as the right to be informed prior to being questioned. The right to remain silent. The right not to be compelled to incriminate oneself or confess guilt, the right to be questioned in the presence of council and the right to legal assistance. After confirmation of the charges, the defendant becomes an accused person. This means that the catalog of more extensive guarantees comes into play. They include the right have have adequate time and facilities to prepare the defense. The right to be tried without undue delay. Or the right to self-representation. Let us now turn to the judges, what is their role? The role of judges in international criminal courts and tribunals differs partly from domestic systems. Judges are not only arbiters over the defense and the prosecution case, who evaluate evidence, decide on guilt or innocence and pass judgement. They're vested with significant managerial and truth-seeking functions. Judges serve as a filter for prosecutorial charges and as guardians of the rights of the suspects and defendants. They also have responsibilities for the fair and expeditious management of proceedings. Moreover they're bound to ensure that proceedings are run in a fair, orderly and efficient manner. Judges can even intervene in the parties' cases on their own motion. They're not meant to serve as accusers. But they can call witnesses they consider relevant even if they're not called by the prosecution or the defense in order to determine the truth. Judges have thus played a significant role in shaping international criminal justice. They were never simply la bouche de la loi, but pioneers and engineers. Finally, there are the victims. The victims are to some extent, the new kids on the block. The increasing role of victims in proceedings is one of the most daunting changes in the accountability landscape. Victims are no longer spectators or object of trials, but agents in criminal litigation. In several courts and tribunals, such as the special tribunal for Lebanon and the ICC, victims have been allowed to act as participants in criminal proceedings. This right flows from human right norms. The right of access to justice and the right to an effective remedy. But there's an important caveat. In the criminal process, these human rights guarantees have to be balanced against the rights of the accused. Victim's rights must thus be interpreted in light of the defendant's rights and procedural fairness. Victim participation is often praised as progress. Victims may, for instance, complement the prosecution perspective in relation to the charges, evidence or harm. In some cases, they serve as a check on prosecutorial choices. But some aspects of their participation remain disputed. Some share doubts whether victims should be entitled to file incriminating evidence and to what extent their perspectives add to the actual trial beyond shadowing the prosecution. To sum up, we've seen in this video that there's three key actors. The prosecution, the defense, and the judges exercise roles that go beyond their individual interests. They are guardians of the fairness and integrity of the criminal process as a whole, and part of the truth finding process. Victims have an equally important role, but their rights must be reconciled with the protection of the rights of the defense. In the next video, we will look further into the challenges of the prosecution and some of the difficult choices it has to make.
