The Role of International Criminal Tribunals in Promoting Respect for Fair Trial Rights

Schomburg, Wolfgang | January 1, 2009

This article analyzes how the two United Nations Tribunals, the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have defined the notion of a fair trial by adopting the provisions of the International Covenant on Civil and Political Rights (ICCPR). The article argues that fundamental due process has experienced a revival in the Criminal Tribunals due to gaps in the Rules being filled in response to the ICCPR. The article examines particularly Articles 9 and 14 of the ICCPR.