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Fairness in International Criminal Trials


ISBN13: 9780198739814
Published: January 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £100.00



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With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in the former Yugoslavia, Sierra Leone, and Rwanda have completed or are beginning to wind up their activities, the time is ripe for a critical evaluation of these international criminal tribunals and their legacy.

This volume addresses key conceptual questions on fairness, including: should international criminal tribunals set the highest standards of fairness, or is it sufficient for their practice to be 'just fair enough'? To whom does the right to a fair trial attach, and can actors such as the prosecution and victims be accurately said to benefit from that right?

Does fairness require the full realization of a number of guarantees owed to the accused under the statutory frameworks of international criminal tribunals, or should we instead be concerned with the fairness of the trial 'as a whole'? What is the interplay between domestic and international courts on questions of procedural fairness? What are the elements of fairness in international criminal proceedings? And what remedies are available for breaches of fair trial rights?

Through an in-depth exploration of the right to a fair trial, the author concludes that international criminal tribunals should have a role in setting the highest standards of due process protection in their procedures, and that in so doing, they can have a positive impact on domestic justice systems.

Subjects:
International Criminal Law
Contents:
1. Introduction
2. Interpreting Fairness in International Criminal Trials
3. The Right to a Fair Trial in Practice in International Criminal Trials
4. Procedural Actors and the Right to a Fair Trial
5. Setting the Highest Standards of Fairness, or 'Just Fair Enough'?
6. The Interplay between Domestic and International Jurisdictions on Fair Trial Matters
7. Conclusion

Series: Oxford Monographs in International Humanitarian & Criminal Law 

Doing Justice to History: Confronting the Past in International Criminal Courts ISBN 9780198846871
Published March 2021
Oxford University Press
£80.00
Detention in Non-International Armed Conflict ISBN 9780198843092
Published April 2020
Oxford University Press
£24.99
Rules of Engagement and the International Law of Military Operations ISBN 9780198853886
Published February 2020
Oxford University Press
£80.00
To Serve the Enemy: Informers, Collaborators, and the Laws of Armed Conflict ISBN 9780198788898
Published October 2019
Oxford University Press
£80.00
Internationalized Armed Conflicts in International Law ISBN 9780198819868
Published July 2018
Oxford University Press
£74.00
The Law of Maritime Blockade: Past, Present, and Future ISBN 9780198808435
Published December 2017
Oxford University Press
£89.00
Detention in Non-International Armed Conflict ISBN 9780198749929
Published March 2016
Oxford University Press
£86.00
Fairness in International Criminal Trials (eBook) ISBN 9780191060410
Published January 2016
Oxford University Press
£81.00
(ePub)
Buy
The Special Tribunal for Lebanon: Law and Practice ISBN 9780199687459
Published March 2014
Oxford University Press
£105.00
The Special Tribunal for Lebanon: Law and Practice (eBook) ISBN 9780191511165
Published March 2014
Oxford University Press
£95.00
(ePub)
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Rwanda's Gacaca Courts: Between Retribution and Reparation ISBN 9780199694471
Published January 2012
Oxford University Press
£115.00
Rwanda's Gacaca Courts: Between Retribution and Reparation (eBook) ISBN 9780191627590
Published January 2012
Oxford University Press
£105.00
(ePub)
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