Gutnyk V. The right to defence in international criminal courts: doctrine and practice.

The dissertation is devoted to the analysis of the right to defence in criminal proceedings in the international legal doctrine and practice of international criminal courts. Among the international criminal courts, particular attention is paid to the practice of the permanent International Criminal Court, the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda. The features of legal nature and normative content of the right to defence in criminal proceedings are determined; the genesis of its international legal regulation and practice of international courts are analyzed; the role of the Registries and Associations of defence counsels of international criminal courts in the field of ensuring the right to defence is clarified, and the influence of international human rights standards on international criminal law in the context of the right to defence is defined. It is proved that the international legal norm on the right to defence in criminal proceedings is customary, general and inherent, in the sense that in a democratic society every person has the right to defence in a criminal proceeding. Ensuring the right to defence is one of the basic principles of criminal justice and is a prerequisite for the achievement of a fair trial. It is provided in all democratic states and proscribed in the main international legal documents in the field of human rights, also the international humanitarian law and the statutes of international criminal courts. International Criminal Courts perceive the ideology of international bodies in the field of human rights protection, but take into account the purpose of their creation and jurisdiction, they establish additional guarantees of the right to defence. For example, the practice of the UN Human Rights Committee and the European Court of Human Rights do not establish the requirements for the qualification of a defence counsel; this question falls within the competence of the state. Instead, international criminal courts not only establish the requirements for the qualification of defence counsel, but these requirements are much higher than in accusation procedures in national criminal proceedings. The right to defence in the international judicial and quasi-judicial bodies for the protection of human rights has a fundamentally different legal nature and practice than in the judicial authorities that acted before that. The Human Rights Committee and the ECtHR form international standards for ensuring the right to defence, and States are required to adhere to such standards in their domestic systems. The right to defence through the work of international bodies in the field of human rights protection (first of all the ECtHR and Human Rights Committee) and the practice of national courts becomes customary law. International criminal courts establish standards for ensuring the right to defence, which they observe in their practice. Such standards implicitly affect on domestic law. The analysis of the negotiation's process of drafting charters of contemporary international criminal courts makes it possible to assert that the primary rights of the accused when they were created contained in international human rights instruments (ICCPR, ECHR). Particular attention is paid to the right to self-defence, the right to legal assistance of his own choosing and the right to free legal aid. Attention is drawn to the fact that in criminal proceedings of international crimes covered the domestic legal order should take into account the particularities mutas mutandis of the ICC standards. It is proposed to amend the Criminal Procedure Code of Ukraine, providing the features of criminal proceedings on charges of committing international crimes, for example, by supplementing the Criminal Procedure Code of Ukraine with the relevant chapter. This should take into account relevant case-law of the ICC, including those relating to the right to defence.