THE LEGAL ANALYSIS ON THE RIGHT TO FAIR TRIAL UNDER INTERNATIONAL CRIMINAL LAW

Abstract

This research conducts a comprehensive legal analysis on the right to a fair trial under international criminal law. The right to a fair trial is a cornerstone of justice in legal systems worldwide, ensuring fundamental procedural safeguards and protections for individuals accused of crimes. This right assumes particular significance in international criminal law, where the severity of offenses often transcends national borders and jurisdictions. The research critically examines the execution of the right to a fair trial by international criminal tribunals, from pre-trial to post-trial periods, highlighting instances of procedural violations and the tribunals' responsibilities in upholding this fundamental right. The study delves into the historical evolution of the fair trial right, its conceptual foundations, practical applications, and the challenges faced by international criminal tribunals in ensuring these rights. Key research questions include identifying the primary challenges in ensuring fair trials and evaluating the effectiveness of existing mechanisms and procedural safeguards. The study's scope spans from the establishment of the first international ad hoc tribunal, the ICTY, in 1993, to 2024, analyzing the contributions of international laws and tribunals in implementing fair trial standards. The dissertation aims to provide valuable insights for academic scholars, legal practitioners, and the international community, enhancing the understanding and protection of fair trial rights in international criminal justice. Through this analysis, the study contributes to the broader discourse on human rights and the rule of law, proposing improvements to strengthen the fairness and effectiveness of international criminal tribunals.