Defendants’ Rights and Defenses

This chapter shows that courts and commentators sometimes use the concept of gravity to justify restricting defendants’ rights, including the right to a fair trial, and to limit defenses, such as those based on amnesties and immunities. As in the contexts discussed in earlier chapters, such invocations of gravity tend to obscure competing values and goals, often favoring accountability without adequate justification. As such, they threaten the legitimacy of the international criminal law regime. The chapter proposes a reconceptualization of gravity as a function of global goals and values, and argues that competing values should be balanced to achieve more legitimate outcomes.