Fair Trial Rights In Proceedings Before International Criminal Tribunals

Level: 
Master's
Course Status: 
Elective
CEU credits: 
2
ECTS credits: 
4
Module: 
V
Module: 
VI
Academic year: 
2009/2010
Academic year: 
2010/2011
Academic year: 
2012/2013
Academic year: 
2013/2014
Instructor(s): 
Károly Bárd

The course will focus on international due process standards as guaranteed in trials of defendants accused of the most serious crimes before international tribunals and also national courts trying international crimes. The course will address the particularities of so called historical trials, the multiple functions this type of trials are expected to accomplish and the difficulties they are faced with. Following a brief description of the historical background of the creation of the International Criminal Court (ICC) and the analysis of the operation of the Nuremberg Military Tribunal, the ad-hoc international tribunals and hybrid and internationalized courts the procedure to be followed by the ICC will be discussed in details in the light of international fair trial standards. In addition to defendant’s rights also the status and rights of crime victims will be discussed. The course will extend to the demonstration of the impact of different legal systems and of their human rights concepts on the ICC Statute as reflected in the provisions on procedure, on penalties and on the enforcement of judgments. Also the review by the ECtHR of the fairness of the proceedings conducted by national courts when trying crimes committed during totalitarian regimes will be covered in depth.
The final grade is based on in-class participation (10 per cent) and in-class final exam (90 per cent). The final exam is a two-hour open book exam.