Abstract
In the wake of the COVID-19 pandemic, the challenges posed by the sanitary measures taken to fight against the virus forced the International Criminal Court – as for other courts and tribunals around the world – to rely heavily on video-link technology to ensure its continued operations. While this technology serves a multitude of functions, this paper focuses on its use to ensure the presence of the accused. It delves into the question of how this particular use can impact – infringe or uphold – the accused’s fundamental rights to presence and effective participation. This paper analyses the ICC’s legal framework on the virtual presence of the accused before delving into its relevant case law. This exploration highlights legal ambiguities and grey areas and indicates how the ICC’s approach may hinder respect for the rights to presence and effective participation. Ultimately, this paper proposes ways of reconciling virtual participation with due regard for the accused’s rights.