Fair trial is a key notion in international criminal justice. The principle that trials must be fair can be traced back to the Magna Carta of 1215. It certainly can be regarded as part of international customary law and arguably belongs to jus cogens (Cassese, Int. Crim. Law, 395). However, irrespective of any detailed discussion as to the status of fair trial provisions under international law, contemporary international criminal tribunals have been entrusted with the mission to ensure the conduct of fair trials in an independent and impartial setting. Too often...
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