Fairness and the Goals of International Criminal Trials: Finding a Balance

This book presents a ground-breaking, interdisciplinary study into the  various goals assigned to international criminal trials. It starts from  the proposition that no hierarchy exists amongst the different goals  meaning that trials should strive to achieve all of them in equal  measure. This is made difficult by the fact that not all of these goals  are compatible and the fulfilment of one may lead to others going unmet.  Therefore, a balance must be found if the goals of trial are to be  achieved at all. The book posits that fairness should serve as the  guiding principle when weighing the different trial goals against one  another. It is argued that without fairness international and  internationalised criminal courts and tribunals lack legitimacy and  without legitimacy they lack effectiveness. The book concludes that  international criminal trials must adopt procedures that emphasise  fairness to all of the parties and trial participants if they wish to  accomplish any of the goals set for them. Each chapter is devoted to  identifying and explaining a different trial goal, providing analysis of  how that particular goal functions in conjunction with the other goals,  and discussing the ways in which a fairness-oriented trial model will  help achieve those goals. The book provides a dynamic understanding of  the different trial goals and the importance of fairness in the trial  process by drawing on research from a variety of different legal  disciplines while also incorporating scholarship rooted in criminology,  political theory, international relations, and psychology. The book will  be essential reading for researchers, academics and professionals  working in the areas of International Criminal Law, Public International  Law and Transitional Justice.