Fitness-to-stand trial and disability discrimination: An international criminal justice appraisal in the Félicien Kabuga case
ARTICLE
Fitness-to-stand trial and disability discrimination: An international criminal justice appraisal in the Félicien Kabuga case
Author: Simeon P Sungi
ISSN: 1996-2118
Affiliations: LLB(Hons) LLM MA PhD; Associate Professor of Criminal Justice, Department of Sociology and Criminal Justice, United States International University-Africa, Kenya
Source: South African Journal of Criminal Justice, Volume 38 Issue 3, p. 425-449
https://doi.org/10.47348/SACJ/v38/i3a4
Abstract
The right to a fair trial is a fundamental element of international criminal justice, guaranteeing that every accused person has the mental and physical ability to effectively participate in their defence. When an accused’s fitness to stand trial is affected by age or disability, complex legal and ethical issues emerge between the pursuit of justice and protecting individual rights. This article critically explores these issues through the case of Félicien Kabuga, the alleged financier of the 1994 Rwandan genocide, whose advanced age and cognitive decline have sparked debates about his fitness to stand trial before the International Residual Mechanism for Criminal Tribunals. The analysis questions whether continuing proceedings against Kabuga aligns with the right to a fair trial under international law and the principles of non-discrimination outlined in the Convention on the Rights of Persons with Disabilities. Using jurisprudence from international and regional human rights bodies, the article assesses how international criminal tribunals have interpreted fitness to stand trial and how disability considerations have been incorporated into procedural safeguards. It argues that current international criminal law frameworks are insufficiently addressing the link between disability rights and criminal accountability, potentially leading to indirect discrimination against accused persons with disabilities. The article contributes to the debate by proposing a normative and policy-based framework for integrating disability-sensitive standards into international criminal procedures. It advances the debate on procedural fairness by connecting the equality obligations of the Convention on the Rights of Persons with Disabilities’s with the operational practices of international tribunals. In doing so, it offers new insights into how global justice institutions can balance accountability for atrocity crimes with human rights norms on disability, inclusion, and dignity in the justice process.