A Fair Trial at the International Criminal Court? Human Rights Standards and Legitimacy

Table Of Contents

• Cover
• Title
• Copyright
• About the author
• About the book
• This eBook can be cited
• Acknowledgments
• Abstract
• Contents
• Figures
• Abbreviations
• Table of Cases
• Chapter 1: Introduction
• 1. The object of this thesis and its research questions
• 2. Fairness, justice and legitimacy
• 3. Origins and fundamental treaties of the right to a fair trial
• 4. International criminal procedure—looking ahead
• 5. Methodology
• 5.1 The object of the investigation
• 5.2 Original contribution and formulating a hypothesis
• 5.3 Legal theory and the usage of data
• 5.3.1 Legal theory
• 5.3.2 Usage of data
• Chapter 2: The European Court of Human Rights
• 1. Locating the obligation to disclose evidence
• 1.1 The right to a fair trial—Article 6 of the ECHR
• 1.2 Equality of arms
• 1.3 Right to adversarial proceedings
• 2. Disclosure of evidence at pre-trial stage
• 2.1 Equality of arms and adversarial proceedings under Article 5 (4)
• 2.2 The presence of the charged at pre-trial level
• 2.3 Access to documents
• 2.3 Evaluation
• 3. Disclosure and non-disclosure of evidence at trial stage
• 3.1 Reasons for limitation—leading judgments
• 3.2 The general concept behind the ECtHR’s decisions at trial stage
• 3.3 Critical evaluation of ex parte hearings
• 3.4 Aspects of timing and disclosure
• 4. Confrontation and the right to call defence witnesses
• 4.1 Background information
• 4.2 The necessity to restrict the right to confrontation—good reason for non-attendance
• 4.3 Counterbalancing measures before the case of Al-Khawaja and Tahery [GC]
• 4.4 The ‘classical’ sole or decisive rule
• 4.5 Al-Khawaja and Tahery [GC]—the post Al-Khawaja approach
• 4.6 Discussion
• 4.7 Interim results
• Chapter 3: The UN Human Rights Committee, the Inter-American Court of HR and the African Court on Human and Peoples’ Rights
• 1. Observations of the HRC and Article 14 of the ICCPR
• 1.1 Disclosure of evidence
• 1.2 Confrontation and the right to call defence witnesses
• 1.3 Discussion
• 2. The Inter-American Court of Human Rights
• 2.1 The right to a fair trial—Article 8 ACHR
• 2.2 Disclosure of evidence at pre-trial and trial stage
• 2.3 Confrontation and the right to call defence witnesses
• 2.4 Evaluation
• 3. The African Court on Human and People’s Rights—AfCtHPR
• 3.1 The right to a fair trial—Article 7 of the Banjul Charter
• 3.2 Disclosure of evidence at pre-trial and trial stage
• 3.3 Confrontation and the right to call defence witnesses
• 3.4 Discussion
• Chapter 4: Fair trial guarantees at the two UN ad hoc tribunals
• 1. Introduction
• 1.1 Equality of arms
• 1.2 The practical application of equality of arms at the early stages
• 1.3 An authoritative test of proportionality? The ECtHR and the ICTY
• 1.4 Procedural implications
• 2. Disclosure obligations and their relationship to fairness
• 3. Confrontation and the right to call defence witnesses
• 4. Analysis
• Chapter 5: The International Criminal Court
• 1. Prosecution disclosure in the light of the fair trial
• 1.1 General rights and disclosure at pre-confirmation stage—an overview
• 1.1.1 Bulk rule v. totality rule
• 1.1.2 Time frame and format of the Prosecutor’s disclosure obligations
• 1.1.3 Comparison of terminology
• 1.2 Disclosure at trial stage, restrictions and ex parte hearings
• 1.2.1 Aspects of timing and presentation of the inculpatory evidence
• 1.2.2 Restrictions of disclosure and ex parte hearings
• 2. The right to have witnesses examined
• 3. Synopsis and formal assessment of the first part of the hypothesis
• 4. Fairness, disclosure and investigative procedures
• 4.1 Developing an assumption of fairness
• 4.2 Open questions to the Rome Statute
• Chapter 6: Parameters of Procedure
• 1. Legitimacy and court procedure
• 1.1 Parameters of legitimacy
• 1.2 Legitimate procedure
• 2. Conclusion
• Chapter 7: The court procedure at the ECCC
• 1. The ECCC’s different model in comparison to the ICC
• 2. The Cambodian model—an alternative?
• 3. The Investigation Oversight Office
• Chapter 8: Conclusion
• Bibliography