The Right to a Fair Trial in International Criminal Proceedings / Collins Mbuayang.

Format:

Book

Author/Creator:

Mbuayang, Collins, author.

Language:

English

Subjects (All):

Fair trial.

International criminal courts.

Physical Description:

1 online resource (400 pages)

Edition:

First edition.

Place of Publication:

The Hague, The Netherlands : Eleven International Publishing, [2018]

Summary:

This book explores the right to a fair trial in international criminal proceedings from a human rights perspective, focusing on the implementation of standards established by the International Covenant on Civil and Political Rights (ICCPR). The author examines the practices of international and hybrid criminal courts, such as the ICTY and ICTR, highlighting their contributions and challenges, including lengthy trials and procedural fairness. Drawing comparisons with the European Court of Human Rights (ECtHR), the book provides insights into balancing human rights standards in criminal justice systems. It is intended for scholars, students, legal professionals, and experts in international law, transitional justice, and human rights. Generated by AI.

Contents:

Intro

Table of Contents

Preface

Acknowledgements

List of Abbreviations

1 The Notion of Fairness and the Right to a Fair Trial

1.1 The Notion of Fairness

1.2 Fairness in the Context of Human Rights Law

1.2.1 Fairness and Equality

1.2.2 Fairness and Morality

1.2.3 Fairness and Objectivity

1.2.4 Fairness and Impartiality

1.3 The Notion of Fairness in the Context of International Law

1.3.1 Procedural Fairness

1.3.2 Substantive Fairness

1.4 The Right to a Fair Trial from a Historical Perspective

2 The Constitutive Elements to a Fair Trial

2.1 The Right to a Fair Trial in Article 14, Paragraph 1

2.1.1 Equality of Arms

2.1.2 Criminal Charge

2.1.2.1 Margin of Appreciation

2.1.2.2 Notion of 'Charge'

2.2.2 The Rights and Obligations in Suits at Law

2.2 The Right to a Fair and Public Hearing before a Competent Tribunal and Court

2.2.1 The Notion of Access to a Court and Tribunal

2.2.1.1 The Right of Access to a Court

2.2.1.2 Limits of Access to a Court

2.2.2 The Notion of a Tribunal

2.2.3 Tribunal Established by Law

2.3 Publicity, Competence, Independence and Impartiality as a Requirement to a Fair Trial

2.3.1 The Principle of Publicity

2.3.1.1 Public Hearing

2.3.1.2 Public Pronouncement of Judgments

2.3.1.3 Exceptions to Publicity of Proceedings

2.3.2 Competence of a Tribunal and Court

2.3.3 Independence of Tribunal

2.3.4 The Criteria for Assessing Independence

2.3.4.1 Appointment

2.3.4.2 The Duration of Appointment

2.3.4.3 Judicial Guarantee

2.3.4.4 Disqualification of Judges

2.3.5 Impartiality of the Tribunal

2.3.6 Other Instances of Impartiality

2.4 The Right to Be Presumed Innocent

2.4.1 Burden of Proof

2.4.2 Reasonable Doubt

2.4.3 The Presumption of Fact and of Law

2.4.4 Penalty for Failure to Provide Information.

2.4.5 Pre-judicial Statements

2.4.6 Pre-trial Detention

2.4.7 Excessive Media Propaganda

2.4.8 Other Instances of Presumption of Innocence

2.4.9 Provisional Release

3 Balancing the Minimum Requirement to a Fair Trial

3.1 The Rights of Persons Charged with a Criminal Offence

3.1.1 The Right of Anyone Arrested to Be Brought Promptly before a Judge

3.1.2 Minimum Requirements for Persons Charged with a Criminal Offence

3.2 The Right to Be Informed Promptly of the Charge

3.3 The Right to Prepare Defence and Communicate with Counsel

3.3.1 The Requirement of Time and Facility

3.3.1.1 Adequate Time

3.3.1.2 Sufficient Facilities

3.3.1.3 Access to Evidence

3.3.2 Right to Communicate with Counsel

3.4 The Right to Be Tried within a Reasonable Time and without Undue Delay

3.4.1 Reasonable Time

3.4.2 Undue Delay

3.5 The Right to Present Defence and to Choose Legal Assistance

3.5.1 Presence during Trial

3.5.1.1 Participation through Video or Audio Technology

3.5.2 Self-Representation or through Counsel

3.5.3 Legal Representation

3.5.4 Legal Aid

3.6 The Right to Call and Examine Witnesses

3.6.1 Autonomous Meaning of the Term 'Witness'

3.6.2 Right to Examine or Have Examined Witnesses

3.6.3 Right of Witnesses to Protection and Participation

3.6.3.1 Protection of Witnesses: Methods of Protection in the Courtroom

3.6.3.2 Protection of Witnesses: Protection of other Participants in the Proceedings

3.6.3.3 Participation of Witnesses in the Proceedings: Anonymous Witnesses

3.6.3.4 Participation of Witnesses in the Proceedings: Witnesses of Sexual Abuse

3.6.3.5 Participation of Witnesses in the Proceedings: Right to call Witnesses for the Defence

3.7 The Right to Have Free Assistance of an Interpreter

3.7.1 'Free' Assistance

3.7.2 Right to Language in Court.

3.7.3 Interpreter

3.8 The Privilege against Self-Incrimination

3.8.1 Confession

4 The Corollary of the Right to a Fair Trial

4.1 The Right of Juvenile Persons to Special Protection

4.2 The Right to Appeal or Review

4.2.1 Right to Review Conviction and Sentence by a Higher Tribunal or Court

4.2.2 Right to Appeal for Denial of Legal Aid and a Death Sentence

4.2.2.1 Appeal for Legal Aid

4.2.2.2 Death Sentence

4.2.3 Right Not to Abandon Appeal in Exchange for Conditional Release

4.3 The Right to Compensation for Injustice

4.3.1 Right to Compensation after Acquittal

4.4 Rights of Victims

4.4.1 Role of Victims in the Proceedings

4.4.1.1 Participation

4.4.1.2 Anonymous Victims

4.4.2 Victims of Sexual Violence

4.5 The Principle of 'Ne Bis In Idem' or the Right to Second Trial for the Same Offence

4.5.1 Effects of Ne Bis In Idem

4.6 The Right Not to Be Held Guilty for an Act or Omission Not Constituting a Criminal Offence

4.6.1 Elements of Mens Reas in JCE

4.6.1.1 A Plurality of Persons

4.6.1.2 Existence of Common Plan, Design or Purpose

4.6.1.3 Participation in a Common Design

4.6.2 Categories of Joint Criminal Enterprise

4.6.3 Terrorization of the Civilian Population

4.6.4 Principle of Lex Mitior

5 Application of the Right to a Fair Trial in International Criminal Law

5.1 Fair Trial in International Criminal Tribunals and Courts

5.2 Fair Trial in Nuremberg and Tokyo

5.2.1 Nuremberg

5.2.1.1 The Legal Basis for Nuremberg

5.2.1.2 Fair Trial in the Statute of IMT

5.2.2 Tokyo

5.2.2.1 The Legal Basis for Tokyo

5.2.2.2 Fair Trial in the Statute of IMTFE

5.2.3 Fair Trial in the Practice of Nuremberg and Tokyo

5.3 Fair Trial in Yugoslavia and Rwanda

5.3.1 Yugoslavia

5.3.1.1 Legal Basis for Yugoslavia

5.3.1.2 Fair Trial in the Statute of ICTY.

5.3.2 Rwandan Tribunal

5.3.2.1 Legal Basis for Rwanda

5.3.2.2 Fair Trial in the Statute of ICTR

5.4 Fair Trial in the International Criminal Court

5.4.1 Legal Basis for ICC

5.4.2 Fair Trial in the Statute of ICC

5.5 Fair Trial in Mixed/Internationalized Tribunals

5.5.1 Fair Trial in Internationalized Domestic Courts

5.5.1.1 Kosovo

5.5.1.2 East Timor

5.5.1.3 Legal Basis of Internationalized Domestic Court

5.6 Fair Trial in Domesticated International Courts

5.6.1 The Extraordinary Chambers for Cambodia

5.6.2 The Special Court for Sierra Leone

5.6.2.1 Fair Trial in the Statute of the RSCSL

5.6.3 The Special Tribunal for Lebanon

5.6.3.1 Fair Trial in the Statute of the STL

5.6.4 Legal Basis of Domesticated Courts

6 Assessment of Cases in the Lens of the Right to a Fair Trial

6.1 Fair Trial in Cases of Self-Representation

6.2 Pro Sé Cases

6.2.1 ECtHR versus UN HRComm - Correia de Matos v. Portugal

6.2.2 Miloševic

6.2.2.1 Obstructing the Proceedings

6.2.2.2 Did Milosevic's Conduct Amount to Obstructionism?

6.3 Argument for Limiting Self-Representation

6.3.1 Methods of Regulating the Right to Self-Representation

6.3.1.1 Assigned Counsel

6.3.1.2 Standby Counsel

6.3.1.3 Amicus Curiae

6.3.2 Šešelj

6.4 Fair Trial in Cases of Length of Trial Proceedings

6.4.1 Pre-trial Detention

6.4.2 Length of Proceedings

6.5 Length of Trial

6.5.1 Ndayambaje

6.5.2 Kanyabashi

6.6 Table of Facts and Figures for Proceedings at the ICTY

6.7 Table of Figures for Proceedings at the ICTR

7 Conclusions and Recommendations

Books, Monographs and Edited Volumes

Articles, Law Reviews and Academic Journals

News Papers, Websites, Reports and Blogs

Dissertations

International Instruments, Statutes, Reports, UN Security and General Assembly Resolutions

Cases.

Annexes

Annex 1: The London Agreement

Annex 2: Vienna Convention

Annex 3: The concept of co-perpetration in local jurisdiction

Index.

Notes:

Includes index.

Description based on print version record.

Part of the metadata in this record was created by AI, based on the text of the resource.

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ISBN:

9789462748873

946274887X

OCLC:

1126214591