Jump to ContentJump to Main Navigation
Fairness in International Criminal Trials$
Users without a subscription are not able to see the full content.

Yvonne McDermott

Print publication date: 2016

Print ISBN-13: 9780198739814

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780198739814.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 30 March 2020

Introduction

Introduction

Chapter:
(p.1) 1 Introduction
Source:
Fairness in International Criminal Trials
Author(s):

Yvonne McDermott

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198739814.003.0001

This chapter provides some context on fairness in international criminal trials. It discusses the establishment of the international criminal tribunals and the growth of international criminal procedure as a discipline. It distinguishes between international and hybrid criminal tribunals and argues that the key factor in determining whether a tribunal is international is whether its founding instrument was part of an international treaty or instrument. It analyses the nature of international criminal procedure against some key theories on the classification of legal systems, and discusses the role of judges in procedural law-making before the tribunals. It argues that, while human rights jurisprudence on the right to a fair trial cannot be ignored in assessments of the fairness of international criminal trials, such standards do not enunciate best practice, given that the jurisprudence only provides illustration on breaches of these rights and look at whether proceedings ‘as a whole’ were fair.

Keywords:   international courts and tribunals, international criminal law, human rights, right to a fair trial, Extraordinary Chambers in the Courts of Cambodia (ECCC), International Criminal Tribunal for Rwanda (ICTR), Special Court for Sierra Leone (SCSL), International Criminal Court (ICC), Special Tribunal for Lebanon (STL), International Criminal Tribunal for the former Yugoslavia (ICTY)

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .