In a 43-page academic essay titled "Defensive Practices: Representing Clients Before the International Criminal Court," published in 2013, International Criminal Court Prosecutor Karim A. Khan explained in detail how ICC procedures hamper the possibility of granting defendants their right for due process. At the time, he was a British litigator who had served for both the defense and the prosecution at several international courts.
According to Khan, in ICC cases suspects and defendants are sometimes deprived of basic defendant rights, due to the court's procedures. He wrote that in cases that he himself had represented, the defendants were not granted disclosure of the charges within a reasonable time frame, rendering useless their ability to properly conduct their defense. In other cases, key evidence that could contribute to the defense case was heavily redacted, making it unusable for the defendant.
Khan also explained in the essay that the ICC is prone to bias due to outside pressure from NGOs and civil societies that dictate narratives which are later accepted as "truth" in court even before the defendant has any chance to present his case. These wrongful practices resulted in the tarnishing of the reputations of honest people in at least one case.
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