The Right to a Fair Trial in International Law

The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.

This great work will sustain people around the world in their fight for justice.

Préface
Winner of the ASIL 2022 Certificate of Merit for high technical craftsmanship and utility to lawyers and scholars

Auteur
Amal Clooney is a barrister who specialises in international law and human rights. She represents clients at courts including the International Criminal Court, the International Court of Justice and the European Court of Human Rights and specialises in cases involving political prisoners and victims of mass atrocities. She is appointed to the UK Attorney General's specialist Public International Law Panel of Counsel, the UK's team of experts on preventing sexual violence in conflict zones and is deputy chair of the High-Level Panel of Legal Experts on Media Freedom. She has also served as a senior advisor to Kofi Annan when he was the UN's Envoy on Syria and as Counsel to the UN Inquiry on the use of armed drones led by the Special Rapporteur on Counter-Terrorism and Human Rights. She is a Visiting Professor at Columbia Law School and co-founder of the Clooney Foundation for Justice. Philippa Webb is Professor of Public International Law at the Dickson Poon School of Law, King's College London and a barrister at Twenty Essex. She is a specialist in international law and advises governments, individuals, and corporations in cases before international and domestic courts, including the International Court of Justice, the European Court of Human Rights, and the Supreme Court of the United Kingdom. She is appointed to the UK Attorney General's specialist Public International Law Panel of Counsel. Professor Webb has served on the International Advisory Panel for the American Law Institute's project Restatement Fourth, Foreign Relations Law of the United States and the governing board of the European Society of International Law. She is on the editorial boards of the Journal of International Criminal Justice and the Leiden Journal of International Law.

Texte du rabat

This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.

Contenu

• Introduction

• 1 - Right to a Competent, Independent and Impartial Tribunal Established by Law

• 2 - Right to a Public Trial

• 3 - Right to be Presumed Innocent

• 4 - Right to Prepare a Defence

• 5 - Right to Counsel

• 6 - Right to be Tried without Undue Delay

• 7 - Right to be Present

• 8 - Right to Examine Witnesses

• 9 - Right to an Interpreter

• 10 - Right to Silence

• 11 - Right to Appeal

• 12 - Right to Equality

• 13 - Right not to be Subject to Double Jeopardy

• 14 - Remedies