Human rights in international criminal proceedings.

II. THE EXTENSION OF THE NOTION OF FAIR TRIAL TO.

III. WHAT TYPE OF RELATIONSHIP EXISTS BETWEEN.

HUMAN RIGHTS MONITORING SYSTEMS AND INTERNATIONAL CRIMINAL COURTS?

2. The Nuremberg and Tokyo experience.

3. The UN ad hoc Tribunals and the ICC.

4. Human rights and international criminal courts.

5. Summing up: a plea for a realistic perspective.

IV. ACCUSATORIAL AND INQUISITORIAL ELEMENTS IN INTERNATIONAL CRIMINAL.

PROCEDURE - TO WHAT EXTENT DO THEY IMPINGE UPON THE RIGHTS OF INDIVIDUALS?

1. Introduction: models and realities.

2. The rights of the accused and the procedural model of the.

Nuremberg and Tokyo trials.

3. The tension between accusatorial and inquisitorial aspects in.

The system of the UN ad hoc Tribunals and in the ICC Statute.

4. Conclusion: the need to strike a balance between adversarial and.

Inquisitorial elements for fair and expeditious international criminal.

CHAPTER 2: THE RIGHTS OF PERSONS DURING INVESTIGATIONS.

I. THE INITIATION OF INVESTIGATIONS AND THE.

POWERS OF THE INVESTIGATIVE AUTHORITY.

1. The power of the Prosecutor to initiate investigations proprio motu.

2. Judicial scrutiny over the discretion of the Prosecutor both in the.

Interest of the international community and to protect the rights of.

3. The role of the international Prosecutor not simply as a party to the.

Proceedings but as an 'organ of justice'

II. THE RIGHTS OF SUSPECTS IN INTERNATIONAL CRIMINAL PROCEEDINGS.

2. The status of suspect.

3. General rights of a person in respect of an investigation (the right.

Not to incriminate oneself, the right not to be subjected to any form.

Of coercion, and the right to an interpreter).

4. The right to legal assistance.

5. The right not to be subjected to arbitrary arrest or detention.

(Including the right to compensation for unlawful arrest or detention).

6. The right to be informed of the reasons for arrest.

7. The right not to be compelled to incriminate oneself or to.

Confess guilt and to remain silent.

CHAPTER 3: THE RIGHTS OF THE ACCUSED IN TRIAL PROCEEDINGS.

I. THE PRESUMPTION OF INNOCENCE.

2. The right of the accused to be presumed innocent as a general rule for.

The treatment of individuals; guilty plea procedure and the right of the.

Accused to remain silent.

3. The onus probandi on the Prosecution, including the prohibition of.

Reversal of the onus and the issue of pre-trial detention.

4. The right of the accused that guilt must be proved in.

Accordance with law and beyond reasonable doubt.

II. THE RIGHT TO BE JUDGED BY AN INDEPENDENT AND IMPARTIAL TRIBUNAL.

2. The independence and impartiality of the judges in abstracto.

3. Independence and impartiality of the judges in respect of an.

III. THE RIGHT TO A 'FAIR AND EXPEDITIOUS TRIAL'

1. The right to a fair trial as a general guarantee and the.

Principle of equality of arms.

2. Problems of effectiveness and expeditiousness of trials: the influence.

Of the model adopted and the right of the accused to be tried without undue.

3. The right of the accused to be informed of the charges and the.

Question of cumulative or alternative charges.

4. The right to have adequate time and facilities.

5. The right to be present at trial (the issue of trial in absentia).

IV. RULES OF EVIDENCE AND RIGHTS OF THE ACCUSED - SOME PROBLEMATICAL ISSUES.

1. The right to confront witnesses and obtain their attendance.

2. The right to make unsworn oral or written statements.

3. Disclosure and the rights of defence.

4. The exclusion of evidence obtained by means contrary to.

International human rights law.

CHAPTER 4: THE RIGHTS OF THE ACCUSED TO APPEAL AND REVISION.

I. GENERAL - THE RIGHTS OF APPEAL AND REVISION AS A MEANS FOR OBTAINING.

REDRESS (JUDICIAL AND NON-JUDICIAL REMEDIES).

II. THE RIGHT OF THE ACCUSED TO APPEAL: FROM NUREMBERG AND TOKYO TO THE AD.

HOC TRIBUNALS AND THE ICC.

2. The right of appeal as a right protected by international.

3. The right of the accused to appeal in the ad hoc Tribunals system.

4. The right of appeal in the ICC system.

5. The right of the accused to be protected against double jeopardy.

6. An overall assessment of appellate proceedings before the ad hoc.

Tribunals and the ICC.

III. THE RIGHT OF CONVICTED PERSONS TO REVISION.

2. The provisions on revision in the ad hoc Tribunals system.

3. The Barayagwiza case before the ICTR.

4. Is an extra ordinern right of reconsideration emerging in the.

Ad hoc Tribunals system?

5. The rights of convicted persons to seek revision, as envisaged in.

CHAPTER 5: PENALTIES, ENFORCEMENT MECHANISMS,

AND THE RIGHTS OF CONVICTED PERSONS.

I. THE MAJOR GOALS OF INTERNATIONAL PENALTIES.

AND THE LEGAL EXPECTATIONS OF CONVICTED PERSONS.

1. The nulla poem sine lege principle as conferring an individual right.

2. The right of the convicted person to present evidence on sentencing.

3. The determination of penalties and the right to the.

4. The purpose of international penalties and the question whether there.

Is a right of the convicted person to rehabilitation.

5. The problem of multiple sentences: concurrent versus consecutive.

II. THE ENFORCEMENT MECHANISMS AND THE RIGHTS OF SENTENCED PERSONS.

1. Enforcement of sentences and the 'international character' of the.

Penalty: the rights of the convicted person and the power of.

Supervision of international authorities.

2. The right of convicted persons to equality of treatment at.

The sentencing and enforcement stage.

CHAPTER 6: THE POSITION OF PERSONS OTHER THAN THE ACCUSED.

2. The rights of victims and the general ambiguity of the dual.

Status of victim and witness.

3. Participation of victims in the proceedings under the ICC systems.

4. The right to reparation and the creation of a Trust Fund.

Pursuant to the provisions of the ICC Statute.

1. The specificity of the status of witnesses before international.

Criminal courts and means of obtaining their attendance.

2. The protection of witnesses in court: the right of the accused to a.

Public trial and the duty of the Chamber to afford protection to witnesses.

3. The protection of witnesses outside the courtroom: what are.

The legal expectations, if any, of witnesses?

4. Justifications for witnesses refusing to answer: the protection of.

Confidential sources of information; privilege against self-incrimination.

CHAPTER 7: CONCLUDING REMARKS.

I. THE ROLE OF HUMAN RIGHTS IN INTERNATIONAL CRIMINAL TRIALS: FROM.

II. THE PROBLEM OF PROCEDURAL MODELS: THE NEED FOR A PRINCIPLED APPROACH TO.

PROCEDURE, DESIGNED TO ENHANCE RESPECT FOR HUMAN RIGHTS.

III. RESPECT FOR HUMAN RIGHTS IN INTERNATIONAL TRIALS: A FEW OUTSTANDING.

IV. SOME SUGGESTIONS FOR IMPROVING HUMAN RIGHTS PROTECTION IN INTERNATIONAL.  Read more...