The ICC Appeals Chamber signals a possible change in approach to the permissibility of trials in absentia [Blog post]

On 28 May 2020, the Appeals Chamber of the International Criminal Court (ICC) issued a decision in the Gbagbo and Blé Goudé case that has the potential to alter how trials are conducted at the ICC. The decision denied Mr Gbagbo’s request for reconsideration of a decision relating to an earlier appeal filed by the Prosecution, and reviewed the conditions of release for Mr Gbagbo and Mr Blé Goudé. In its concluding paragraphs, the decision indicates that should Mr Gbagbo and Mr Blé Goudé be released from custody, and then later fail to appear for any future trial hearings, the court is permitted to proceed in their absence. Pursuing this course of action could open the door for trials in absentia at the ICC, a practice believed by most to be prohibited under the Rome Statute. This blog post considers the Appeals Chamber’s decision in light of the Court’s Statute, existing jurisprudence and within the larger context of international criminal law. It concludes that the Appeals Chamber’s decision does not align with the current practice of the ICC or with the general principle of law identified in the decision.