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The Right To A Fair Trial Under Article 14 Of The Iccpr
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Book Synopsis The Right to a Fair Trial Under Article 14 of the ICCPR by : Amal Clooney
Download or read book The Right to a Fair Trial Under Article 14 of the ICCPR written by Amal Clooney and published by Oxford University Press. This book was released on 2021 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work brings together the complete travaux to Article 14 of the International Covenant on Civil and Political Rights. In doing so, it contributes to a thorough and informed understanding of the right to a fair trial, the world's most litigated human right.
Book Synopsis The Right to a Fair Trial in International Law by : Amal Clooney
Download or read book The Right to a Fair Trial in International Law written by Amal Clooney and published by Oxford University Press. This book was released on 2021-02-11 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.
Book Synopsis The Right to a Fair Trial under the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights by : David Weissbrodt
Download or read book The Right to a Fair Trial under the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights written by David Weissbrodt and published by BRILL. This book was released on 2021-11-15 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights have established the right to a fair trial as an internationally recognized human rights norm. This volume examines the origins of the right to a fair trial as articulated in the Universal Declaration and the Covenant. The right to a fair trial has been the subject of more interpretation and adjudication than other rights in the Covenant. Accordingly, the book analyzes the fair trial jurisprudence of the Human Rights Committee under the Covenant. The book also explores the process by which some aspects of the right to a fair trial have gradually been considered non-derogable, that is, not subject to suspension even in times of public emergency. This volume should provide a convenient tool for human rights advocates, judges, lawyers, scholars, and others involved with and interested in the right to a fair trial. This book is the first volume in The Universal Declaration of Human Rights Series. The Series will consist of approximately 20 volumes, each dealing with a substantive right (or group of rights) set forth in the Universal Declaration of Human Rights (UDHR). Each volume is authored by an expert in human rights generally and in the particular subject addressed. Without losing sight of the political context in which the implementation of human rights must occur, each book provides a comprehensive, legally-oriented analysis of the rights concerned, including an examination of the legislative history of the text of each right as adopted in 1948, the right's subsequent articulation and interpretation by international bodies and in subsequent international instruments, and a survey of state practice in defining and enforcing the right.
Book Synopsis The Right to a Fair Trial in International Law by : Amal Clooney
Download or read book The Right to a Fair Trial in International Law written by Amal Clooney and published by Oxford University Press. This book was released on 2021-02-11 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.
Book Synopsis The International Covenant on Civil and Political Rights by : Sarah Joseph
Download or read book The International Covenant on Civil and Political Rights written by Sarah Joseph and published by OUP Oxford. This book was released on 2013-07-25 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
Book Synopsis The Right to a Fair Trial - Requirements of Impartiality and Independence Under Articles 14 (1) ICCPR, 8 (1) IACHR and 6 (1) ECHR in Relation to Military Courts by : Volker Schleiff
Download or read book The Right to a Fair Trial - Requirements of Impartiality and Independence Under Articles 14 (1) ICCPR, 8 (1) IACHR and 6 (1) ECHR in Relation to Military Courts written by Volker Schleiff and published by GRIN Verlag. This book was released on 2008 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2008 in the subject Law - European and International Law, Intellectual Properties, grade: 4.5 (CH ), University of Bern (Institut f r ffentliches Recht), 25 entries in the bibliography, language: English, abstract: It is the aim of this thesis to analyse the framework and relevant case law on requirements of independence and impartiality under Article 14 (1) ICCPR, Article 8 (1) IACHR and Article 6 (1) ECHR in relation to military courts. One has to bear in mind that most of the judgments discussed were not solely concerned with questions of impartiality and independence, but also with other fundamental rights, thus the paper has to be read in a context and framework of rights entrenched in the respective Convention or Covenant. Military Courts are not a new phenomenon, they were (and are) a feature of the military system and were originally intended as a tool to uphold a structure which is rooted in vertical influence, thus they have a direct nexus to the executive branch of the state which makes them relatively easy to set up and control on the other hand however, due to their proximity to other branches of the state they can blur the line of the underlying principle - separation of powers -. Several problems spring from the latter aspect ...]. Another problem, which will be also discussed below is that of scrutiny, open courts are subject to public scrutiny whereas military or even partly military courts often lack any form of control. This line of reasoning leads to two characteristical groups of cases, firstly cases involving civilians which are trialled by a military court often in relation to state security issues, the other problem is that of impunity where members of the military sit trial over comrades often resulting in an impunity verdict. Bearing these two groups of cases in mind an approach was taken, first to set out the relevant international legal framework and principles on independence and impartiality, the next par
Book Synopsis The Right to Fair Trial in International & Comparative Perspective by : Andrew Byrnes
Download or read book The Right to Fair Trial in International & Comparative Perspective written by Andrew Byrnes and published by Centre. This book was released on 1997 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fu Hua Ling: The right to fair trial in China.
Book Synopsis International Human Rights Law and the Advancement of the Right to a Fair Trial in China by : DENG Hua
Download or read book International Human Rights Law and the Advancement of the Right to a Fair Trial in China written by DENG Hua and published by Torkel Opsahl Academic EPublisher. This book was released on 2016-08-29 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Role of International Human Rights Law in the Professionalization of Public Administration by : SUN Yi
Download or read book The Role of International Human Rights Law in the Professionalization of Public Administration written by SUN Yi and published by Torkel Opsahl Academic EPublisher. This book was released on 2016-06-27 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Universal Declaration of Human Rights by :
Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Language and the Right to Fair Hearing in International Criminal Trials by : Catherine S. Namakula
Download or read book Language and the Right to Fair Hearing in International Criminal Trials written by Catherine S. Namakula and published by Springer Science & Business Media. This book was released on 2013-10-07 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Language and the Right to Fair Hearing in International Criminal Trials explores the influence of the dynamic factor of language on trial fairness in international criminal proceedings. By means of empirical research and jurisprudential analysis, this book explores the implications that conducting a trial in more than one language can have for the right to fair trial. It reveals that the language debate is as old as international criminal justice, but due to misrepresentation of the status of language fair trial rights in international law, the debate has not yielded concrete reforms. Language is the core foundation for justice. It is the means through which the rights of the accused are secured and exercised. Linguistic complexities such as misunderstandings, translation errors and cultural distance among participants in international criminal trials affect courtroom communication, the presentation and the perception of the evidence, hence jeopardizing the foundations of a fair trial. The author concludes that language fair trial rights are priority rights situated in the minimum guarantees of fair criminal trial; the obligation of the court to ensure fair trial or accord the accused person a fair hearing also includes the duty to ensure they can understand and be understood.
Book Synopsis Making Peoples Heard by : Asbjørn Eide
Download or read book Making Peoples Heard written by Asbjørn Eide and published by BRILL. This book was released on 2011-06-22 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading theme in this impressive collection of essays in honour of Professor Gudmundur Alfredsson is the advancement of international rules and mechanisms to empower individuals, groups and peoples everywhere to pursue their rights nationally, regionally and internationally. The book deals with the many areas of international law and national policies and practices in which important progress has been made since the adoption of the Universal Declaration of Human Rights for better protection of human rights in the modern world. It equally provides a critical discussion of the difficulties and failures in various areas and probes questions and issues that are pending solution at the national, regional or universal levels.
Book Synopsis A Commentary on the International Covenant on Civil and Political Rights by : Paul M. Taylor
Download or read book A Commentary on the International Covenant on Civil and Political Rights written by Paul M. Taylor and published by Cambridge University Press. This book was released on 2020-07-02 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new and an essential reference work for any international human rights law academic, student or practitioner, A Commentary on the International Covenant on Civil and Political Rights spans all substantive rights of the International Covenant on Civil and Political Rights (ICCPR), approached from the perspective of the ICCPR as an integrated, coherent scheme of rights protection. In detailed coverage of the Human Rights Committee's output when monitoring ICCPR compliance, Paul M. Taylor offers extraordinary access to forty years of its Concluding Observations, Views and General Comments organised thematically. This Commentary is a solid and practical introduction to any and all of the civil and political rights in the ICCPR, and a rare resource explaining the requirements for domestic implementation of ICCPR standards. An indispensable research tool for any serious enquirer into the subject, the Commentary speaks to the accomplishments of the ICCPR in striving for universal human rights standards.
Book Synopsis The Right to a Fair Trial under Article 14 of the ICCPR by : Amal Clooney
Download or read book The Right to a Fair Trial under Article 14 of the ICCPR written by Amal Clooney and published by Oxford University Press. This book was released on 2021-09-23 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a fair trial is the most litigated human right in the world. Understanding the right requires reference not only to its interpretation by courts, treaty bodies, rapporteurs, experts, and scholars, but also to the preparatory work of the treaty (travaux préparatoires) and the circumstances of its conclusion. This volume brings together for the first time the complete travaux to Article 14 of the International Covenant on Civil and Political Rights, with reference to the discussion regarding other articles where relevant. It traces the evolution of the text over more than a decade of the drafting process through a number of United Nations bodies. The materials reveal a lengthy and complex process of drafting the Covenant, the intentions of the delegates regarding the interpretation of certain provisions, and those issues that they left open for states parties to decide through their practice. This is a companion volume to The Right to a Fair Trial in International Law (OUP 2020).
Book Synopsis Do Exclusionary Rules Ensure a Fair Trial? by : Sabine Gless
Download or read book Do Exclusionary Rules Ensure a Fair Trial? written by Sabine Gless and published by Springer. This book was released on 2019-04-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
Book Synopsis Fairness in International Criminal Trials by : Yvonne McDermott
Download or read book Fairness in International Criminal Trials written by Yvonne McDermott and published by Oxford University Press. This book was released on 2016-01-21 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in the former Yugoslavia, Sierra Leone, and Rwanda have completed or are beginning to wind up their activities, the time is ripe for a critical evaluation of these international criminal tribunals and their legacy. By examining the due process standards embraced by the five contemporary international criminal tribunals, the author draws conclusions about how the right to a fair trial should be interpreted in international criminal law. This volume addresses key conceptual questions on fairness, including: should international criminal tribunals set the highest standards of fairness, or is it sufficient for their practice to be 'just fair enough'? To whom does the right to a fair trial attach, and can actors such as the prosecution and victims be accurately said to benefit from that right? Does fairness require the full realization of a number of guarantees owed to the accused under the statutory frameworks of international criminal tribunals, or should we instead be concerned with the fairness of the trial 'as a whole'? What is the interplay between domestic and international courts on questions of procedural fairness? What are the elements of fairness in international criminal proceedings? And what remedies are available for breaches of fair trial rights? Through an in-depth exploration of the right to a fair trial, the author concludes that international criminal tribunals should have a role in setting the highest standards of due process protection in their procedures, and that in so doing, they can have a positive impact on domestic justice systems.
Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
