The Principle of Equality of Arms in International Criminal Justice
Author | : Özge Bengüsu |
Publisher | : |
Total Pages | : 265 |
Release | : 2019-03-19 |
Genre | : |
ISBN | : 9781090962195 |
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Where the State as prosecutor has an enormous power advantage, the principle of equality of arms is fundamental to achieving a fair trial guarantee, to enable the accused a full opportunity to defend him/herself under conditions that do not place him at a substantial disadvantage.The principle, which is evolving to become a right of the accused in international criminal law, provides not only procedural but also substantial and material equality, and should be given more importance in the international criminal field. Dr. Bengüsu offers a detailed analysis of the principle of equality of arms and interprets the principle through extensive examination of proceedings before international criminal courts, before proposing a detailed Article to be adopted by the ICC. This is essential reading for anyone directly interested in the human rights of the accused, and provides important insight for legal students, practicing lawyers, and interested laypersons