The Role of International Criminal Tribunals in Promoting Respect for Fair Trial Rights

Wolfgang Schomburg

2009 · 17 citations · 0 references

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Abstract

This article analyzes how \t\t\t\tthe two United Nations Tribunals, the International Criminal Tribunal for \t\t\t\tthe Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda \t\t\t\t(ICTR), have defined the notion of a fair trial by adopting the provisions of \t\t\t\tthe International Covenant on Civil and Political Rights (ICCPR). The article \t\t\t\targues that fundamental due process has experienced a revival in the Criminal \t\t\t\tTribunals due to gaps in the Rules being filled in response to the ICCPR. The \t\t\t\tarticle examines particularly Articles 9 and 14 of the ICCPR.