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Cassese's International Criminal Law

Cassese's International Criminal Law (3rd edn)

Antonio Cassese and Paola Gaeta
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date: 02 October 2022

19. General principles governing international criminal trialslocked

19. General principles governing international criminal trialslocked

  • Antonio Cassese,
  • Paola Gaeta,
  • Laurel Baig,
  • Mary Fan,
  • Christopher Gosnell
  •  and Alex Whiting

Abstract

The Statutes of the International Criminal Court, and of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda enumerate a list of rights that mirrors many of the same rights as are found in international human rights instruments and domestic constitutions. These various rights may be distilled into six minimum principles: no implicit or explicit measure requiring self-incrimination; adjudication by impartial judges; a presumption of innocence and corresponding burden of proof on the prosecutor; prompt and detailed communication of the charges and sufficient time, opportunity, and resources to challenge those charges; trial without undue delay; and a public hearing. This chapter discusses the interpretation of these rights and principles before international criminal courts, and their application to selected practical issues.

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