The recent tendency to reorganize the notion of accused right parallel to the right of the victim, evaluation from the initiativ - Dissertation Example

Only on StudentShare

Extract of sample
The recent tendency to reorganize the notion of accused right parallel to the right of the victim, evaluation from the initiativ

The logic behind the right to a fair trial was implicit in the creation of complicity under the doctrine of command responsibility. Justice Robert Jackson in his opening statement at the Nuremberg Trials essentially reasoned that the International Military Tribunal would confer upon the accused persons, the due process that they refused to confer upon their victims.6 The right to a fair trial is not absolute however, as there are circumstances where that right may be “derogated from in certain circumstances”.7 This paper focuses on the recent trends in international criminal law in which there is an initiative for balancing the rights of the accused against victims’ rights under the doctrine of command responsibility. ...
Download paper

Summary

Research Proposal Topic: Command Responsibility: Balancing the Rights of the Accused and Victims’ Rights in International Law Introduction The right to a fair trial is firmly entrenched in a majority of state laws and is thus encapsulated in international customary law under the doctrine of opinion juris.1 The right to a fair trial is codified by Article 14 of the UN’s International Covenant on Civil and Political Rights 1976 (ICCPR).2 The right to a fair trial includes the presumption of innocence, the right to be present at the trial, the right to heard by a fair and impartial tribunal of fact and the right to a trial “without undue delay”.3 Other rights include the right to suffici…
Author : bergnaumwinston
Got a tricky question? Receive an answer from students like you! Try us!