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5 Int'l Crim. L. Rev. 513 (2005)
The Principle of Equality of Arms and the Evolving Law of International Criminal Procedure

handle is hein.journals/intcrimlrb5 and id is 521 raw text is: International Criminal Law Review 5: 513-571, 2005.                      513
© 2005 Koninklyke Brill NV Printed in the Netherlands.
The Principle of Equality of Arms and the Evolving Law
of International Criminal Procedure
STEFANIA NEGRI*
I. Introduction
The right to a fair trial entails protecting the equality of arms principle, an
inherent element of the due process of law in both civil and criminal pro-
ceedings. Strict compliance with this principle is required at all stages of the
proceedings in order to afford both parties (especially the weaker litigant) a
reasonable opportunity to present their case under conditions of equality.
Indeed, at the core of the concept of equality of arms, as elaborated in domes-
tic and international case law, is the idea that both parties should be treated
in a manner ensuring that they have a procedurally equal position to make
their case during the whole course of the trial. Fundamental procedural safe-
guards aimed at securing such equality are guaranteed in most domestic legal
orders, enshrined in human rights treaties and other relevant international
instruments,' and set out in the Statutes and Rules of the major international
courts and tribunals.2
* Associate Professor of International Human Rights Law; lecturer in International
Procedural Law, Faculty of Law, University of Salerno, Italy.
'Article 14 of the International Covenant on Civil and Political Rights, G.A. Res. 2200A
(XXI) of 16 December 1966, 21 U.N. GAOR Supp. (No. 16), p. 52, U.N. Doc. A/6316 (1966),
999 U.N.T.S. 17 1, entered into force 23 March 1976; Article 6 of the European Convention on
Human Rights and Fundamental Freedoms, European Treaty Series No. 5, 213 U.N.T.S. 222,
entered into force 3 September 1953, as amended by Protocols Nos. 3, 5, 8 and I1, entered into
force 21 September 1970, 20 December 1971, 1 January 1990 and I November 1998 respec-
tively; Article 8 of the American Convention on Human Rights, O.A.S. Treaty Series No. 36,
1144 U.N.T.S. 123 entered into force 18 July 1978; Article 7 of the African [Banjul] Charter
on Human and Peoples' Rights, adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5,
entered into force 21 October 1986, reprinted in 21 International Legal Materials 58 (1982);
Article 7 of the Arab Charter on Human Rights, adopted on 15 September 1994 (not yet in
force), reprinted in 18 Human Rights Law Journal 151 (1997). See also Articles 10-11 of the
Universal Declaration of Human Rights, G.A. Res. 217 A (III) of 10 December 1948, U.N.
Doc A/810 (1948), p. 71; Article 47 of the Charter of Fundamental Rights of the European
Union, 2000 O.J. (C 364) 1, (Dec. 7, 2000); Rule 7 of the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (The Beijing Rules), G.A. Res. 40/33 of
29 November 1985, annex, 40 U.N. GAOR Supp. (No. 53) p. 207, U.N. Doc. A/40/53 (1985).
2 See infra sections III and IV

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