About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

3 Publicist 1 (2009)

handle is hein.journals/public3 and id is 1 raw text is: The Right to a Fair Trial in International Law, with Specific Reference to the Work of the ICTY By Judge Patrick Robinson* INTRODUCTION The right to a fair trial is an ancient one and is synonymous with the trial process itself. It would be nonsense to speak of the permissibility of an unfair trial. After centuries of implementation in practice, the right to a fair trial, which was finally codified in the international human rights instruments following World War II, is now universally recognized. In this article, I will endeavour to trace the right to a fair trial from its early roots up to the present day. Understanding its long history and realizing how little it has changed over the centuries clearly demonstrate its fundamental character and its status as a rule of customary international law. I will also consider whether it qualifies as a peremptory norm of general international law orjus cogens. Furthermore, a brief survey will be undertaken to show how the International Criminal Tribunal for the Former Yugoslavia (ICTY) has integrated this right into its legal system. EARLY REFERENCES TO THE RIGHT TO A FAIR TRIAL The roots of the basic principles of the right to a fair trial can be traced all the way back to the Lex Duodecim Tabularum-the Law of the Twelve Tables-which was the first written code of laws in the Roman Republic around 455 B.C.2 Contained within these laws was the right to have all parties present at a hearing,3 the principle of equality amongst citizens,4 and the prohibition * President of the United Nations International Criminal Tribunal for the Former Yugoslavia. This essay is based on a speech, delivered at the Colloquium on International Justice in Rome on 16 October 2009. 2. The first ten tablets were published around 455 B.C., with the last two around 449 B.C. 3. Table 2, Law 1.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most