"A Fair Trial" and International Criminal Trials

2015 Fiscal Year Final Research Report

• Project/Area Number: 25380062
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: International law
• Research Institution: Mie University
• Principal Investigator: Ko Keiko 三重大学, 人文学部, 教授 (00314104)
• Project Period (FY): 2013-04-01 – 2016-03-31
• Keywords: 国際刑事裁判 / 公正な裁判 / 国際刑事裁判所 / 独立性 / ICC / fair trial / independence

Outline of Final Research Achievements

My research focused on the concept of ‘a fair trial’in the field of international criminal law. A concept of ‘a fair trial’has been developed in the context of human rights: a right to a fair trial. International criminal trials are required to afford the same level of protection as the domestic criminal procedure. On the other hand, there is another type of ‘fairness’ required for international criminal trials. That is an ‘independence’of the tribunals/courts. Examination on the relevant international instrumentｓ shows that the independence of international trials is normally secured by the norms regulating the status and the treatment of judges. Moreover, as regards to international 'criminal’trials, it must be noted that each international criminal jurisdiction has different rationale, which should be taken into accout when designing the structure and the procedures.

Free Research Field

国際法学