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Redressing the Wrongs of the International Criminal Justice System

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Chapter Summary

This chapter examines the rationale behind protecting the fair trial rights of suspects and accused persons after identifying the standards to which international criminal trials should adhere. It discusses a great deal of tension between the guarantee of these rights and the practical considerations involved in trying war criminals. The chapter draws on the experiences of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) (the ad hoc Tribunals) to show why the international criminal justice system cannot always fully guarantee a fair trial. It discusses the procedural sanctions and other forms of redress that are available to suspects and accused persons whose rights have been breached. The chapter concludes that this is not satisfactory and recommends that provisions specifying the consequences of breaching due process rights be inserted into the constituent instruments of the existing international criminal tribunals.

Keywords: ad hoc Tribunals; ICTY; International Criminal Justice System; International Criminal Tribunal for Rwanda (ICTR)



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