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Part V Key Rights in Times of Armed Conflict, Ch.17 International Fair Trial Guarantees

David Weissbrodt

From: The Oxford Handbook of International Law in Armed Conflict

Edited By: Andrew Clapham, Paola Gaeta, Tom Haeck (Assistant Editor), Alice Priddy (Assistant Editor)

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 09 December 2023

Right to fair trial — Armed conflict, non-international — Geneva Conventions 1949 — Combatants
The right to a fair trial is a fundamental human right.1 It ensures that no one is deprived of liberty without due process of law.2 The use of military commissions by the United States for the trial of ‘unprivileged enemy belligerents’ has initiated a new debate over the scope and meaning of fair trial guarantees, particularly during periods of armed conflict.3 The main purpose of this Chapter is to chart the basic contours of fair trial guarantees as articulated in international humanitarian law (IHL) and international human rights law (IHRL). I will first...
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