Criminal Law

The Right to a Fair Trial in International Criminal Proceedings

By Mbuayang Collins
Eleven International Publishing June 2018

Specifications

ISBN-13
9789462368576
Publisher
Eleven International Publishing
Publication
June 2018
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

This book examines the right to a fair trial in international criminal proceedings from a human right perspective drawing mainly from General Comments, Individual Communications to the Human Right Committee and the jurisprudence of international criminal tribunals and courts.

The author shows the extent to which international and hybrid criminal courts specifically ICTY and ICTR uphold human rights standards as lay down in the ICCPR. Even though these ad hoc tribunals have been criticized for lengthy trials, they have generously granted accused individuals enormous privileges such as the right to self-representation which is not possible in the ECtHR. To reconcile this situation, the author proposed that the ad hoc tribunals could adopt the approach of the ECtHR with regards to length of proceedings while the ECtHR can learn from the ad hoc tribunals with regards to self-representation.

It is hoped that this volume will be of interest to scholars of international criminal law and human rights, students, experts in transitional justice and judges in international and local jurisdictions.

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