• Login
    View Item 
    •   Home
    • Yale Law School Journals
    • Yale Journal of International Law
    • View Item
    •   Home
    • Yale Law School Journals
    • Yale Journal of International Law
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    International Criminal Courts and Fair Trials: Difficulties and Prospects

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    09_27YaleJIntlL111_Winter2002_.pdf
    Size:
    2.304Mb
    Format:
    PDF
    Download
    Author
    Cogan, Jacob
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/6439
    Abstract
    Can international criminal courts provide defendants with fair trials? The question can be approached in at least two ways. First, are the substantive rights accorded to the accused by the tribunals' statutes, rules of procedure and evidence, and case law adequate? Second, regardless of the sufficiency of the paper rights accorded the accused in the tribunals' statutes, do these international courts have the independence and coercive powers necessary to ensure fair trials? For example, can these courts make certain that the accused is able to obtain the evidence and witnesses necessary for a serious defense? Or do the courts' judges have the independence necessary to withstand political pressure from the states on which they depend? In other words, despite the good intentions of the architects of these statutes, and the rights they formalistically contain, might these courts still lack certain essential capacities that criminal courts require in order to fulfill their functions? It is on this second, crucial, but often overlooked, aspect of the fair trial problem that this article focuses. A review of tribunal case law and past practice indicates that international criminal tribunals, as presently constituted, are limited in their ability to provide defendants with fair trials, even if the statutory rights accorded the accused and the positive pronouncements made by these courts are to be consonant with fair trial standards, because the courts lack the prerequisite power, or its functional equivalent, to make those substantive rights real. In short, the disjunction between authority and control, common to international institutions, is too great to allow for consistently fair criminal adjudication. Whether the structural limitations on the tribunals are fatal, or whether their detrimental effects can be abated, remains to be seen.
    Collections
    Yale Journal of International Law

    entitlement

     
    DSpace software (copyright © 2002 - 2025)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.