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1. Reflections on the Ambiguous Universality of Human Rights: Cytrus the Great's Proclamation as a Challenge to the Athenian Democracy's Perceived Monopoly on Human Rights

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Chapter Summary

The Security Council has confirmed the Completion Strategy proposed by the Tribunal: investigations and trials to be completed by the end of 2004 and 2008 respectively, and all proceedings to end by 2010. The requirement for an expeditious trial is reflected in the Tribunal's Statute, the ICCPR/ the ECHR, the ACHR, the ACHPR, and the ICC Statute. Fairness is the overarching requirement of criminal proceedings, this is as true of the common law adversarial system as it is of the civil law inquisitorial system - the two main legal systems in the world. The fairness of trials cannot be assessed without an understanding of the ICTY's applicable law, and thus the normative criterion by which fairness is measured. The function of the Pre-Trial Judge is to get the case ready for trial so that the trial proceeds smoothly, efficiently and expeditiously.

Keywords: criminal proceedings; expeditious trial; ICC Statute; ICCPR; Pre-Trial Judge; Security Council

10.1163/ej.9789004145870.i-315.7
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