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The Right to a Fair Trial before the International Criminal Court: Myth or Reality

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The Right to a Fair Trial before the International Criminal Court: Myth or Reality The right to a fair trial is one of the main fundamental principles in the international criminal justice. The failure to properly apply this fundamental principle may undermine the credibility of the international criminal justice system. However, the right to be tried without undue delay was the subject of controversy among the other sub-principles of the right to a fair trial: the first cases before the International Criminal Court were concluded, on average, after ten years whilst before National Courts, such as the Cour d’Assises of Paris or Brussels, the cases of the same nature than the ones dealt by the International Criminal Court were concluded between one and three years. Therefore, the focus of the present research is to know why there is such discrepancy between the International Criminal Court and National Jurisdictions to conclude cases. The electronic management of evidence, specially the time consuming requirements incumbent upon the Case Manager to convert manually all the pieces of evidence into electronic data and edit also manually all their metadata, is the main element that makes the difference on the way cases are concluded between National Courts and the International Criminal Court: there is no obligation before the National Courts to convert all pieces of evidence into electronic data, while before the International Criminal Court, such obligation exists as required by the “e-Court protocol” as the Case Manager has to accomplish the aforementioned time consuming process which has an impact on the length of the trial. There is a real gap in the field of international criminal justice: there is no publication on the impact of the implementation of the “e-Court Protocol “on the length of the Trial, in particular on the right to be tried without undue delay as part of the right to a fair trial. The present research has the advantage of filling this gap and proposing some mechanisms inspired by the practice of National Courts to enhance the efficiency of the International Criminal Court.

Product Specifications

Format: paperback
ASIN: B0H94BPNQG
Category: Books > Subjects > Business, Finance & Law > Law > International
Domain: Amazon UK
Release Date: 15 July 2026
Listed Since: 16 July 2026

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The Right to a Fair Trial before the International Criminal Court: Myth or Reality

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