Evolution of International Fair Trial Standards from Nürnberg to International Criminal Court

Autor: Mujoska Trpevska, Elena, Lažetić, Gordana
Rok vydání: 2022
DOI: 10.6084/m9.figshare.19558318.v1
Popis: The paper deals with the aspects relating to the evolution of the international fair trial standards. The roots of modern international criminal law are to be found after World War II. The Principle V of Nürnberg principles, is significant legacy for the defence rights. The major legacy of Nürnberg was the codification of the crime of genocide and the expansion in judicial practice of the principle of individual criminal responsibility for violations of international humanitarian law. The jurisdiction of both ad hoc tribunals was limited to a specific period and territorial framework when and where the crimes occurred. Equality before the law should not be confused with ‘equality of arms’. The guarantees of a fair trial have the same name but different content in the system of international criminal justice. The paper is dealing with the so called specific guarantees – well known in the statutes and rules of procedure and evidence of the tribunals and ICC related with the financial resources; evidentiary rules; defence investigation; defence disclosure; exclusion of evidence and state cooperation. The opportunity for proper investigation taken by the defence counsel is one of the prerequisites for fair trial. The effectiveness of the international criminal proceedings depends largely of interrelation between state cooperation and equality of arms since the states might be reluctant to provide sensitive information or material to the defence by explanation for protection national security interests. Disclosure regime is of outmost importance for the defence and complains of the defence counsels that the Prosecution’s failure to comply with disclosure obligations should be considered as a violation of fair trial. Due to the correct balance between the fundamental rights of the persons accused for serious violations of international humanitarian law and the essential interests of the international community, the evidence might be excluded for two main reasons: for ensuring fair trial; or due to improperly obtained evidence There is a significant evolution of procedural rules relating to the international criminal procedure from Nűrnberg to ICC. Establishment of ICC as a permanent international criminal court enables legal certainty and respect for the principles of nullum crimen nulla poena sine lege and avoid the danger of applying ex post festum law.
Databáze: OpenAIRE