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A New Concept Of International Due Process

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Chapter Summary

Assessing the quality of international criminal proceedings is a main goal of public international law. From this perception, the subsequent recognition of defenses to international criminal litigation should be based upon the rule of law. This chapter investigates whether the entry of the international rule of law can serve as a norm or international legal source to determine defenses before international war crimes tribunals. It calls for an illumination of the role of the defense lawyer engaged with defendants accused of serious breaches of international criminal law (ICL) or international crimes as a constitutive element of international due process. The role of defense lawyers and prosecutors in criminal cases is misunderstood by much of the public, even the well-informed public. In particular in regard to the defense of war criminals and defendants accused of crimes against humanity and standing trial before international tribunals, the apprehensions are understandable.

Keywords: defense lawyer; international criminal law (ICL); international due process; international rule of law



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