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Part A - The RIGHT to a FAIR TRIAL

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Chapter Summary

The right to fair trial is a core element in the concept of the rule of law, as well as for the protection of most human rights. The mere existence of laws that protect human rights means little without their effective enforcement. The right to a fair trial thus protects against violation of other basic rights. The right to a fair trial is a compound right, composed of many separate but related parts, such as the right to be presumed innocent, the right to be tried without undue delay, the right to prepare a defence, the right to defend oneself in person or through counsel, the right to call and examine witnesses and the right to protection from retroactive criminal laws. More recent developments in international humanitarian law recognize that the right to a fair trial should be applied even during international armed conflict.

Keywords:criminal laws; fair trial; human rights; international humanitarian law

10.1163/ej.9789004165175.i-628.67
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