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Part B Issues, Institutions, and Personalities, A

Antonio Cassese

From: The Oxford Companion to International Criminal Justice

Edited By: Antonio Cassese (Editor-in-Chief)

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 March 2023

In the practice of international criminal courts, ‘abuse of process’ has been invoked in two distinct sets of circumstance — where there has been delay attributable to the prosecution and where there have been legal infirmities in the way in which the tribunal has obtained custody over a defendant. The ICTR AC in Barayagwiza (Decision, Barayagwiza (ICTR-97-19-AR72), AC, 3 November 1999, § 74) adopted the language of the House of Lords in Bennett ([1994] 1 AC 42): [A] court has a discretion to stay any criminal proceedings on the ground that to try those...
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