Fairness and Rights in International Criminal Procedure

Sophie Rigney's research shows a clear separation between fairness and rights in international criminal trials, with fairness invoked in ways that are not always consistent and at odds with defendants' rights. She offers a new theoretical framework for understanding the concept and application of fairness and rights in international trials.

Format: Hardback
Length: 256 pages
Publication date: 30 June 2022
Publisher: Edinburgh University Press

The significance of fairness in international criminal trials has been brought to the forefront by recent controversial cases such as the Karad i? trial and the Bemba acquittal. In her comprehensive critical analysis of procedural decisions made by the ICTY and ICC between 2008 and 2018, Sophie Rigney sheds light on the intricate interplay between fairness and rights in practice. Through meticulous examination of these decisions, Rigney unveils a clear distinction between fairness and rights, highlighting instances where these principles may clash and offering a novel theoretical framework for understanding their concept and application in international trials.

Rigney's research reveals that fairness is invoked in international criminal law decisions in various ways, often inconsistently and at times conflicting with defendants' rights. She challenges the notion that fairness is solely a matter of procedural justice and argues that it encompasses broader ethical considerations. By developing a comprehensive theoretical framework, Rigney seeks to provide a deeper understanding of fairness and rights in international trials, offering valuable insights for researchers, designers, practitioners, adjudicators, and those subjected to international criminal law.

One of the key findings of Rigney's study is the recognition that fairness is not a static concept but rather a dynamic and evolving principle that responds to the unique circumstances of each case. She emphasizes the importance of contextualizing fairness within the broader framework of international criminal law, taking into account factors such as the interests of victims, the need for accountability, and the principles of proportionality and humanity. Rigney also highlights the significance of procedural fairness in ensuring that defendants have access to a fair trial and are treated with dignity and respect.

However, Rigney's analysis reveals that the application of fairness and rights in international trials is not without its challenges. She notes that there are instances where the interests of justice may be compromised by factors such as political pressure, resource limitations, and the inherent complexities of international criminal law. Moreover, the uneven distribution of power and resources between states and the lack of effective mechanisms for accountability and redress can further exacerbate these challenges.

To address these problems, Rigney proposes several solutions. She advocates for the development of a more robust and transparent legal framework for international criminal trials, including the establishment of independent tribunals and the promotion of international cooperation. Rigney also suggests that greater attention should be paid to the training and education of judges, prosecutors, and defense attorneys to ensure that they are equipped with the skills and knowledge necessary to navigate the complex terrain of international criminal law.

Furthermore, Rigney emphasizes the importance of promoting dialogue and cooperation between different stakeholders, including victims, communities, and states, to foster a sense of shared responsibility and promote fairness in international criminal trials. She suggests that this can be achieved through initiatives such as victim participation, community-based justice, and restorative justice programs.

In conclusion, the Karad i? trial and the Bemba acquittal have underscored the critical importance of fairness in international criminal trials. Through her comprehensive analysis of procedural decisions and theoretical framework, Sophie Rigney has shed light on the complex interplay between fairness and rights in practice. Rigney's research offers valuable insights for researchers, designers, practitioners, adjudicators, and those subjected to international criminal law, providing new paths for solving the problems currently plaguing these stakeholders. By promoting a more robust and transparent legal framework, investing in the training and education of legal professionals, and fostering dialogue and cooperation, we can strive towards achieving a more just and equitable system of international criminal justice.

Dimension: 234 x 156 (mm)
ISBN-13: 9781474466301