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The Dagger Beneath the Robe: When Denying a Fair Trial Becomes a War Crime

Dileta Marchesi

ISBN13: 9789004720169
Published: November 2026
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: Price on Application





Dystopian justice is no fantasy. Around the world, unfair trials are wielded as weapons of war, leading to indefinite detention and summary executions. The Dagger Beneath the Robe is the first book to offer a comprehensive legal analysis of the war crimes of denying judicial guarantees, drawing on doctrinal reconstruction, practice-oriented guidance, and the landmark Al Hassan case before the International Criminal Court. It navigates the tension between legality and chaos, criminal law and armed conflict, and proposes a coherent framework for interpreting these under-prosecuted offences. In doing so, it establishes international criminal justice as a credible and carefully calibrated means of protecting fair trial rights in wartime.

Subjects:
International Criminal Law
Contents:
List of Figures and Tables
Abbreviations
Cases, Filings and Judicial Transcripts
Legislation and Other Instruments

PART 1. Introduction
1. The Inquiry
 1 State of the Art, Object and Scope, Aim and Contribution to Knowledge
 2 Methodology
 3 Overview and Structure
2. The Nature of International Crimes and International Criminal Justice
 1 Introduction
 2 The Object and Purpose of International Criminal Law and Justice
 3 The Distinctive Characteristics of International Crimes
 4 The Principle of Legality: An Important Interpretative Instrument in International Criminal Justice
 5 Conclusion

PART 2. ‘Deconstructing’ the Denial of a Fair Trial as a War Crime
3. The War Crimes Related to the Denial of a Fair Trial: The Past, the Present and the Challenges
 1 Introduction
 2 The War Crimes Related to the Denial of a Fair Trial: An Overview
 3 An Overview of the Problems of Interpretation and Application
 4 Conclusion

PART 3. ‘Reconstructing’ the War Crimes of Denying Judicial Guarantees
4. The Nexus to the Armed Conflict
 1 Introduction
 2 The Nexus to the Armed Conflict: Its Definition in the Jurisprudence
 3 The War Crime of Denying a Fair Trial: The Nexus to the International Armed Conflict
 4 The War Crime of Sentencing or Execution without Due Process: The Nexus to the Non-international Armed Conflict
 5 Conclusion
5. The Material Elements of the Crimes
 1 Introduction
 2 The Right to a Fair Trial: Key Elements
 3 Denying Judicial Guarantees in International Armed Conflicts: The Material Element of the War Crime of Denying a Fair Trial
 4 Denying Judicial Guarantees in Non-international Armed Conflicts: The Material Element of the War Crime of Sentencing or Execution without Due Process
 5 The Relationship between the War Crimes of Denying Judicial Guarantees and Other Crimes: The Differences in the Material Element
 6 Conclusion
6. The Mental Elements of the Crimes
 1 Introduction
 2 The Mental Element in International Criminal Justice
 3 The Mental Element of the War Crime of Denying a Fair Trial
 4 The Mental Element of the War Crime of Sentencing or Execution without Due Process
 5 Conclusions
7. The Perpetrator of and the Accomplice to the Crimes
 1 Introduction

PART 4. Conclusions
8. Summary of Findings, Recommendations and Final Remarks
 1 Introduction
 2 Summary of Main Findings
 3 Recommendations
 4 The Potential, Advantages and Limits of International Criminal Justice in Connection with the Protection of the Right to a Fair Trial
 5 Future Research Directions
 6 Final Thoughts

Bibliography
Index