The Right to a Fair Trial in International Law

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The Right to a Fair Trial in International Law

Author Amal Clooney and Philippa Webb
Publication Date 11 February 2021
ISBN 9780198808398
Format
Hardcover
Publisher Oxford


Overview

  • Winner of the ASIL 2022 Certificate of Merit for high technical craftsmanship and utility to lawyers and scholars
  • gives a thorough and organised summary of international law concerning the right to a fair trial.
  • separates worldwide norms based on a variety of sources, such as international and regional treaties, international court and tribunal case law, and rulings by international human rights organisations
  • examines the real-world situations that occur in cases where this fundamental right is at issue

Various sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative, or other) procedures are collected in The Right to a Fair Trial in International Law. The book focuses on factual circumstances that practitioners and judges may encounter in court and offers a thorough explanation of what the right to a fair trial entails in practise under international law.

In accordance with Article 14 of the International Covenant on Civil and Political Rights, each of the book's fourteen chapters analyses a specific aspect of the right to a fair trial and reviews relevant legal precedent from national and international human rights courts as well as UN human rights organisations. This book is a useful tool for practitioners and academics dealing with violations of one of the most fundamental human rights because it highlights both areas of agreement and disagreement in the international jurisprudence in this field.

Author

Amal Clooney, Barrister, Doughty Street Chambers, and Philippa Webb, Professor of Public International Law, King's College London

Amal Clooney is a lawyer with expertise in human rights and international law. She specialises in cases involving political prisoners and victims of mass crimes. She represents clients in front of courts such as the International Criminal Court, the International Court of Justice, and the European Court of Human Rights. She has been named to the High-Level Panel of Legal Experts on Media Freedom, the UK's team of experts on preventing sexual violence in conflict zones, and the Attorney General's Public International Law Panel of Counsel. She also worked as Kofi Annan's top advisor when he was the UN's envoy for Syria and as counsel for the Special Rapporteur on Counter-Terrorism and Human Rights' UN inquiry into the use of armed drones. She is a co-founder of the Clooney Foundation for Justice and a visiting professor at Columbia Law School.

Philippa Webb is a professor of public international law at King's College London's Dickson Poon School of Law and a lawyer with Twenty Essex. She assists governments, people, and businesses in issues before local and foreign courts, including the International Court of Justice, the European Court of Human Rights, and the Supreme Court of the United Kingdom. She is an expert in international law. She is now a member of the expert Public International Law Panel of Counsel for the UK Attorney General. Professor Webb has held positions on the boards of the European Society of International Law, the Foreign Relations Law of the United States, and the International Advisory Panel for the American Law Institute's Restatement Fourth project. She serves on the editorial boards of the Leiden Journal of International Law and the Journal of International Criminal Justice.

TABLE OF CONTENTS Of The Right to a Fair Trial in International Law

Introduction
1 - Right to a Competent, Independent and Impartial Tribunal Established by Law
2 - Right to a Public Trial
3 - Right to be Presumed Innocent
4 - Right to Prepare a Defence
5 - Right to Counsel
6 - Right to be Tried without Undue Delay
7 - Right to be Present
8 - Right to Examine Witnesses
9 - Right to an Interpreter
10 - Right to Silence
11 - Right to Appeal
12 - Right to Equality
13 - Right not to be Subject to Double Jeopardy
14 - Remedies




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