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International Criminal Law

International Criminal Law (1st edn)

Douglas Guilfoyle
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date: 26 June 2022

6. Fair trial rights, appeals, and revision and enforcement of sentenceslocked

6. Fair trial rights, appeals, and revision and enforcement of sentenceslocked

  • Douglas GuilfoyleDouglas GuilfoyleAssociate Professor of Law, Monash University

Abstract

There is no general law or uniform code of international criminal procedure. The International Criminal Court's procedure is still developing, and the ad hoc international criminal tribunals have their own procedural rules. However, defendants before any of the tribunals share certain fundamental fair trial rights. This chapter examines those rights and a defendant's right to appeal against their conviction or sentence. It first introduces general fair trial rights enjoyed by the defendant. It then examines in more detail the content of the right to a public, fair, and expeditious hearing. Next, it considers some of the issues concerning legality of arrest and detention, the right of appeal, and the revision and enforcement of sentences.

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