Doctrine of Fitness to Stand Trial in International Criminal Law

Abstract

This study analyzes the doctrine of fitness to stand trial in international criminal law. The doctrinal legal analysis method was used to study fitness to stand trial doctrine in international criminal law. The principle of competency to stand trial is recognized in international criminal law. A person who is incompetent to stand trial cannot be prosecuted in the International Criminal Court for his crime(s). A mental health evaluation of the accused is mandatory to determine his competence to stand trial. An accused must prove on the balance of probabilities standard of evidence that he is incompetent to stand trial. Presenting expert witnesses is common in determining the pleas of unfitness to stand trial in the International Criminal Court and tribunals. The capacity building of relevant stakeholders, i.e., psychiatrists, psychologists, lawyers, judicial officers, and researchers, is recommended.