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The Right to a Fair Trial in International Criminal Proceedings

The Right to a Fair Trial in International Criminal Proceedings
  • Year of publication 2018
  • 400 pages
Author:Collins Mbuayang
Category: Law Constitutional Law and Human Rights
Icon_printbook 978‐94‐6236‐857‐6 | hardcover | 1st edition | € 143.00 / $ 182.00 / £ 143.00
Icon_ebook 978‐94‐6274‐887‐3 | ebook | € 135.00 / $ 182.00 / £ 143.00

This book examines the right to a fair trial in international criminal proceedings from a human rights perspective, drawing mainly from General Comments, Individual Communications to the Human Rights Committee and the jurisprudence of international criminal tribunals and courts. The author shows the extent to which international and hybrid criminal courts, specifically ICTY and ICTR, uphold human rights standards as laid down in the ICCPR. Even though these ad hoc tribunals have been criticized for lengthy trials, they have generously granted accused individuals enormous privileges, such as the right to self-representation, which is not possible in the ECtHR. To reconcile this situation, the author proposes that the ad hoc tribunals could adopt the approach of the ECtHR with regards to length of proceedings, while the ECtHR can learn from the ad hoc tribunals with regards to self-representation.

Target group

This volume will be of interest to scholars of international criminal law and human rights, students, experts in transitional justice and judges in international and local jurisdictions.

Author's information

Collins Mbuayang is a former Legal Intern at the United Nations International Criminal Tribunal for the Former Yugoslavia in The Hague. He holds a Ph.D. (2016) in Law and LL.M (2013) in Comparative Child Law from Justus-Liebig University in Giessen, Diploma Course in International Environmental Law offered by UNITAR in Geneva, Maitrise en Droit from the University of Yaounde II SOA and an LLB from the University of Dschang.