COSTS OF CRIMINAL PROCEEDINGS IN INTERNATIONAL CRIMINAL LAW: INSTITUTIONAL DESIGN, FAIRNESS, AND THE POLITICAL ECONOMY OF INTERNATIONAL JUSTICE

This article examines the costs of criminal proceedings in international criminal law through the lens of institutional design, procedural fairness, and political economy. Moving beyond purely budgetary considerations, it conceptualizes costs as structural elements that shape the operation and legitimacy of international criminal justice. The article traces the historical evolution of cost regimes from the post- World War II tribunals to the permanent International Criminal Court, highlighting how funding models influence procedural practices, defence resources, and victim participation. It argues that financial arrangements reflect normative choices regarding equality of arms, inclusiveness, and institutional autonomy, while also exposing international courts to political pressures from states. By analyzing defence funding, victim-related expenditures, and the externalization of costs to cooperating states, the article demonstrates that cost structures play a central role in balancing efficiency and fairness. It concludes by proposing institutional and procedural reforms aimed at enhancing sustainability without undermining fundamental fair trial guarantees.

KEYWORDS / KLJUČNE REČI: 

International criminal law; costs of proceedings; International Criminal Court; equality of arms; victim participation; political economy of justice; defence funding; international tribunals

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