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Criminal Due Process Guarantees In Peacetime: The International Legal Regime

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Chapter Summary

This chapter focuses on the right to a fair trial, as it relates to criminal proceedings, enshrined in universal and regional multi-lateral treaties on human rights, in the jurisprudence of their respective judicial organs (courts, commissions, committees), as well as in customary law. When analyzing the due process international guarantees provided by universal and regional systems of human rights protection, the chapter draws extensively from the materials offered in Amnesty Internationals Fair Trials Manual, as well as in the publication entitled Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers, compiled by the Office of High Commissioner for Human Rights and the International Bar Association. The chapter provides an analysis of the International Military Tribunals at Nuremberg and Tokyo, followed by the International Criminal Tribunals for the Former Yugoslavia and Rwanda, and ending with the permanent International Criminal Court.

Keywords: customary international law; human rights treaties; international criminal court; international legal regime



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