| ID | 108250 |
| Title Proper | What price justice? on the evolving notion of 'right to fair trial' from Nuremberg to The Hague |
| Language | ENG |
| Author | Chenivesse, Pascal ; Piranio, Christopher J |
| Publication | 2011. |
| Summary / Abstract (Note) | Following the Second World War, evolving notions of human rights have been met by evolving understandings of rights that should be afforded the accused in judicial processes. The following considers this evolution in proceedings stretching from Nuremberg to The Hague, as a struggle between forces that have given birth to each successive stage in international criminal justice, as well as of forces that have grounded rights of defence as advancing the cause of justice itself. Indeed, while notions of 'right to fair trial' and 'equality of arms' suffer from conflicted understandings over what consists in justice, and from conflicting interests over what powers should be afforded parties in the judicial process, this article suggests that the primacy afforded rights of the accused reflects, most evidently in the International Criminal Court, the growing acceptance of liberal democratic notions that justice is most clearly founded not on the treatment of victims, but on the treatment afforded those who mistreat others. |
| `In' analytical Note | Cambridge Review of International Affairs Vol. 24, No. 3; Sep 2011: p.403-423 |
| Journal Source | Cambridge Review of International Affairs Vol. 24, No. 3; Sep 2011: p.403-423 |
| Key Words | Hague ; Nuremberg ; Human Rights ; Judicial Processes ; International Criminal Justice ; International Criminal Court ; Liberal Democratic Notions |