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Judicial Creativity at the International Criminal Tribunals$
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Shane Darcy and Joseph Powderly

Print publication date: 2010

Print ISBN-13: 9780199591466

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199591466.001.0001

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The Right to be Informed of the Nature and Cause of the Charges: A Potentially Formidable Jurisprudential Legacy

The Right to be Informed of the Nature and Cause of the Charges: A Potentially Formidable Jurisprudential Legacy

Chapter:
(p.286) 12 The Right to be Informed of the Nature and Cause of the Charges: A Potentially Formidable Jurisprudential Legacy
Source:
Judicial Creativity at the International Criminal Tribunals
Author(s):

Wayne Jordash

John Coughlan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199591466.003.0013

This chapter highlights the evolution of the ad hoc Tribunals' approach to the specificity of indictments. This is an issue at the very heart of the fairness of international criminal justice and reveals important aspects of the ad hoc Tribunals' commitment to issues pertaining to the fundamental rights of the accused to the presumption of innocence, fair trial, and due process. It is evident from the early jurisprudence of the Yugoslavia Tribunal that significant latitude was afforded to the Prosecutor in designating both the nature of the charges against accused and the factual parameters upon which the charges were based. The chapter highlights the shift away from non-specific indictments towards a more comprehensive indictments regime in which the rights of the accused were more robustly taken into consideration. In so doing, it is clear that the bench were acutely aware of the clear standards established by international human rights law.

Keywords:   international criminal law, fair trial rights, indictments, charges, judicial interpretation, Yugoslavia Tribunal, human rights law

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