Comments
At the Twelfth Session of the Assembly of States Parties to the Rome Statute of the International Criminal Court (ASP), which concluded on November 28, 2013, the ASP adopted several new rules and amendments to its Rules of Procedure and Evidence. According to the press release, new rules 134 bis, ter and quater pertain to “the use of video technology, excusal from presence at trial and excusal from presence at trial due to extraordinary public duties.” Notably, rule 134 quater provides that “[a]n accused subject to a summons to appear who is mandated to fulfill extraordinary public duties at the highest national level may submit a written request to the Trial Chamber to be excused and to be represented by counsel only; the request must specify that the accused explicitly waives the right to be present at the trial.” Furthermore, “[t]he amendment to rule 68 facilitates the use of prior recorded testimony in trial” and “[t]he amendment to rule 100 facilitates the decision for the Court to sit in a State other than the host State, to hear a case in whole or in part.”