Balancing the Minimum Requirement to a Fair Trial in International Criminal Proceedings

Abstract

It is a sacrosanct principle that the accused received a fair trial in criminal proceedings. This article attempts to balance the tenuous relationship between the accused rights to a fair trial with those of other participants from a human right perspective in international criminal trials, drawing from the individual communications to the Human Rights Committee (HRC) and mainly the jurisprudence of the UN ad hoc tribunals in line with the frame of protection laid down in Article 14 paragraph 3 of the International Covenant on Civil and Political Rights (ICCPR) since human rights instruments afford a higher standard of protection. In light of this, it will examine the following: The right of anyone arrested to be promptly brought before a judge; to be informed of the charges; to prepare defence and communicate with counsel; to be tried within a reasonable time; to be present and choose defence; to call and examine witnesses; to have free assistance of an interpreter and the privilege against self-incrimination. This piece seeks to establish a nexus between international human rights law and international criminal law. It is important to point out that several works of literature in this subject have addressed the right of the accused to a fair trial either from a human right perspective in international criminal proceedings or from the prerequisites of international criminal trials.