Fairness and the Goals of International Criminal Trials: Finding a Balance

This book explores the various goals of international criminal trials and argues that fairness should be the guiding principle when weighing these goals against one another. It suggests that without fairness, international and internationalized criminal courts and tribunals lack legitimacy and effectiveness. The book provides a dynamic understanding of the different trial goals and the importance of fairness in the trial process by drawing on research from multiple legal disciplines and incorporating scholarship from criminology, political theory, international relations, and psychology. It will be essential reading for researchers, academics, and professionals working in International Criminal Law, Public International Law, and Transitional Justice.

Format: Hardback
Length: 184 pages
Publication date: 28 April 2023
Publisher: Taylor & Francis Ltd

This groundbreaking, interdisciplinary study delves into the diverse objectives assigned to international criminal trials, challenging the notion of a hierarchical ranking among these goals. It asserts that trials should aim to achieve all of them in equal measure, acknowledging the inherent complexities and conflicts that arise when pursuing multiple objectives. The book emphasizes the importance of striking a balance to fulfill these goals effectively.

Fairness emerges as the guiding principle when weighing the various trial goals against each other. It is argued that without fairness, international and internationalized criminal courts and tribunals lack legitimacy, and without legitimacy, they lack effectiveness. The book concludes that international criminal trials must adopt procedures that prioritize fairness for all parties and trial participants to achieve any of the set objectives.

Organized into chapters, each dedicated to exploring a distinct trial goal, the book provides in-depth analysis of how these goals interrelate and collaborate. It explores the ways in which a fairness-oriented trial model can facilitate the attainment of these goals. Drawing from a wide range of legal disciplines, including International Criminal Law, Public International Law, and Transitional Justice, as well as criminology, political theory, international relations, and psychology, the book offers a dynamic understanding of the different trial goals and their significance in the trial process.

This comprehensive resource will be invaluable for researchers, academics, and professionals engaged in the fields of International Criminal Law, Public International Law, and Transitional Justice. It provides a comprehensive examination of the objectives of international criminal trials, the challenges involved in achieving them, and the role of fairness in ensuring justice and legitimacy in the global legal system.

Dimension: 234 x 156 (mm)
ISBN-13: 9780367461645