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. By examining the due process standards embraced by the five contemporary international criminal tribunals, the author draws conclusions about how the right to a fair trial should be interpreted in international criminal law. 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 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.
Product Identifiers
Publisher
Oxford University Press
ISBN-13
9780198739814
eBay Product ID (ePID)
222274297
Product Key Features
Subject Area
International Law
Author
Yvonne Mcdermott
Publication Name
Fairness in International Criminal Trials
Format
Hardcover
Language
English
Publication Year
2016
Type
Textbook
Number of Pages
256 Pages
Dimensions
Item Height
240mm
Item Width
165mm
Item Weight
548g
Additional Product Features
Title_Author
Yvonne Mcdermott
Series Title
Oxford Monographs in International Humanitarian & Criminal Law
Country/Region of Manufacture
United Kingdom
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