| Description |
1 online resource (xxii, 376 pages) |
| Physical Medium |
polychrome |
| Description |
text file |
| Bibliography |
Includes bibliographical references (pages 290-333) and index. |
| Summary |
"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."--Back cover. |
| 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 |
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2.1 The Right to a Fair Trial in Article 14, Paragraph 12.1.1 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 |
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2.3.1 The Principle of Publicity2.3.1.1 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 |
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2.4.4 Penalty for Failure to Provide Information2.4.5 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 |
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3.3.1 The Requirement of Time and Facility3.3.1.1 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 |
| Note |
3.6.1 Autonomous Meaning of the Term 'Witness' |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Fair trial.
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Fair trial. |
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International criminal courts.
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International criminal courts. |
| Genre/Form |
Electronic books.
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| Other Form: |
Print version: Mbuayang, Collins. Right to a fair trial in international criminal proceedings. The Hague, The Netherlands : Eleven International Publishing, [2018] 9462368570 (OCoLC)1029568293 |
| ISBN |
9789462748873 (electronic book) |
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946274887X (electronic book) |
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