Human Rights of Victims and Witnesses in International Court

benevolent Rights of Victims and Witnesses in planetary CourtSARPOMAA ASARE nameA champaign of the pass awayness of extreme human in effect(p)s between the evoke of victims/witnesses and defendants beneath the outside(a) illegal coquet proceeding.INTRODUCTIONIn fresh years on that point has been an increasing quest in relation to the steadiness of fundamental human rights between the provoke of victims/witnesses and defendants beneath worldwide honor tourist hail statutory proceeding. The public resolving power of military personnel rights the m another(prenominal) of exclusively treaties and assembly under term 10 stipulates that Everyone is entitled in large equality to a unclouded and public hearing by an unconditional and impartial tourist motor lodge in the determination of his rights and obligations of any criminal charge against him1. Similarly, the European convention of benevolent rights Article 6 parleys the right to mediocre run of every one charged with a criminal offence2. rudimentary valet de chambre rights is a very imperative peculiarity in criminal essays and respected by all states with expose discrimination, however, it is a predicament due to the fact that all over the years victims or witnesses get hold of had their rights upheld over that of the defendants rights during one point or another during supranational criminal court legal proceeding, specifi gripey the ICC, ICTR AND ICTY. This indeed is a predicament due to the fact that Fundamental human rights has a universal protection and procl goaled by states all over the world. The purpose of the research seeks to investigate whether indeed there is a steadiness of fundamental rights between the interest of victims/witnesses and defendants under foreign court proceedings. The steadiness of the rights of victims/ witnesses and defendants exit be critically give outd in relation to the international criminal courts namely the international crimi nal court (ICC), the international motor lodge for Rwanda (ICTR) and internationalist tribunal of former Yugoslavia(ICTY).THE OBJECTIVE OF THE STUDYThe above aim go away be accomplished by achieving the succeeding research endeavorivesTo critically investigate what actually constitutes as a clear tally in international criminal court proceedings.To critically trace and analyse how fundamental rights of defendants exhaust been upheld or declined during international criminal court proceedings.To critically identify and analyse how fundamental rights of victims/witnesses have been upheld or declined during international criminal court proceedings.To make recommendations as to how the international criminal courts lay rough balance the rights of victims /witnesses and defendants during international criminal court proceedings.LITERATURE REVIEWIn aim to do a critical summary and assessment of the variety of prevailing materials that deals with cognition and understanding to th e research cat, the literature review will offer a milieu or background and to provide an understanding to preceding work at by viewing the sportingness in international criminal trials, the usurpation of the rights of victims /witnesses in international criminal court proceedings, the protection of accused in international criminal court proceedings and then finally the deviation between the rights of the victims and the rights of the accused.FAIRNESS IN supranational fell tryoutS.Where interests of dissimilar trial applicants meet head on, who ought to be the chief(prenominal) total attention of fair trial concerns in international criminal trials?3 The right to a fair trial is a standard of international human rights sanctionedity think to safeguard individuals from the illegal and arbitrary limitation or denial of other primary rights and freedoms, the greatest outstanding of which are the right to life and casualness of the person4.The fair trial problem can be dis cussed in ii methods. First, are the substantive rights conferred to the defendant sufficient? This method centres on the rights make forth in the tribunals statutes, rules of procedure and evidence, and case virtue, for instance, the right to oppose witnesses or the right to legalityyer. The solution to this part of the fair trial inquiry is daedal by the exceptional arrangements of these courts, which are mended in sync from the civil law and common law legal systems.Also, there are essential problems in taking legal action in these categories of crimes, which, according to some, might call for odd trial procedures, at least from the viewpoint of domestic true norms. The next method to the problem of fair trials requests, in its place, whether these international courts have the liberation and coercive authorities essential to safeguard fair trials, disregardless of the adequacy of the paper rights rendered the defendant in the tribunals statutes5.THE IMPACT OF THE RIGHTS O F VICTIMS/WITNESSES IN INTERNATIONAL CRIMINAL COURT PROCEEDINGS.According to researchers considering victims, interests has been construed as the taking into fore ruling the opinions and concerns of victims in the furtherance of the judicial practices. As victims endure harm as a consequence of crimes it is recognised that they have interests in criminal proceedings against those liable. precisely how victims interests are thought through is reliant on the adjectival rules to which they can represent their opinions and interest, likewise more essentially in how those interests are thought out by verdict makers, in the case of the courts, settle. Consequently, the contemplation of victims benefit in this scope can be cut down to cardinal ideas of procedural and substantive judge for victims. Procedural justice involves impartiality of sermon in procedures. With respects to victims, this encompasses their involvement in proceedings, influence on judgements, and content to for m results. Treating victims with reverence can improve their satisfaction with criminal proceedings. satisfying justice denotes the results of judicial instruments. For victims this encompasses rectifying their hurt and the reasons of victimisation, bringing about three main rights in radio link with results truth justice and compensations. Procedural and substantive justice balance each other to safeguard a more working redress for victims harm. Involvement permits victims to tender their interests in judicial proceedings so that they have an influence on judges decision-making procedure, which consecutively can attend to to safeguard results more success full moony answer to their desires. Even though permitting victims to utterance out their contends and interests is imperative, it does not call for their opinions to take over judges choices, just that they are weighed and taken into account in find out justice6.The classical problem with this explanation is that often d uring criminal court proceeding victims interest as well their needs affects the judges decisions in determining justice. What about the defendants, do their rights in terms of needs and interest affect or have an impact in the judge decision in determining justice. It is indeed a puzzle because although the victims interest will not tower the judges decisions it will have an impact regardless of how high or low the impact is.PROTECTION OF THE RIGHTS OF THE ACCUSED IN INTERNATIONAL CRIMINAL COURT PROCEEDINGSThe safeguard of the rights of the accused rests habitually in the interest of all civilised systems of law. All legal systems make possible reliable principles for the rights of the accused. Those rights is the assurance that if criminal proceedings are held no wrong will be done to the suspected criminal and his right to a fair trial will be guaranteed. Those concepts, is established in the human rights law, have been embraced together on the national and universal level7.As Judge Richard whitethorn and Marieke Wierda argue, the object and purpose of the modern tribunals are to contribute to the restoration and nutriment of wild pansy and security in the former Yugoslavia and Rwanda. This is to be accomplished through shepherding fair and prompt trials. But what in fact does it point to that a trial necessities to be fair? This phrase is, often used within the victual of human rights law, be made up of of different components8.THE CONFLICT surrounded by THE RIGHTS OF THE VICTIMS/WITNESSES AND THE RIGHTS OF DEFENDANTSAccording to researchers, it is believed that In score to safeguard that the meshing of victims does not loose out to be harmful to the rights of the accused, it is vital that the models and the limits of victim involvement in international criminal trials are appropriately acknowledged because of the rights of defendants. Any peel amongst the rights of victims and the rights of defendants has to be the aim of a flawless harmonizing t hat must be performed in the en lightsomeenment that the all-embracing purpose of criminal procedure is to grasp a verdict of guilt or innocence at the same judgment of conviction as protecting at the utmost level the rights of those exposed to the proceedings (i.e. the suspect and the accused). The contemporary criminal procedure is founded on the supposition that it is soften that ten guilty persons lam than that one innocent suffers. The harmonizing of victim participation alongside the rights of the accused should be stimulated by some procedural doctrines of an authoritative nature, which signify the support of international criminal procedure the effrontery of innocence, the right to a fair hearing in full equality, the right to an prompt trial, the right to challenge and divulge evidence, and so on9.Increasingly, the research confederacy believes that there has to be some set of procedural principles in order to balance the victims participation in the rights of the accu sed, what other procedural principles the international court needs in order to balance the victims participation rights and that of the accused. The gap is unsounded visible we dont necessary need any procedural principles in order to balance the rights. Rights are rights everyone is entitled to, it does not distinguish between persons. It is important to trace these rights to prove that rights need not be set in any procedural principles they have already been established by law instruments. This research study will prove that there is no need to have any set guidelines for international criminal courts to follow. The research will prove that the right to fair trail already exists so there will be no need to formulate any cutting procedural principles the courts only need to refer to them and this would resolve any contradict or tension during criminal proceedings.THE PROPOSED METHODOLOGYThe proposed approach to the research project is overbearing legal research method. Doctri nal legal research is affiliated to the making of legal doctrines as a result of the inquiry of legal rules. In the thick of the common law jurisdictions, legal rules remain to be embedded within statutes and cases. They clear up doubts in the midst of rules and refer them in a reasonable and comprehensible structure and denominated by their connection to other rules. The methods of doctrinal research are portrayed by the study of legal texts and, for this purpose, it is habitually termed as black-letter law. Doctrinal research is consequently act to the uncovering and progress of legal doctrines for publication in textbooks or daybook articles and its research inquiries take the form of probing what is the law? in precise matters10.Similarly, the benefit of doctrinal research is that it is the orderly laying down of the law in precise context, it clears up obscurities within rules, and it places them in a sound and clear structure to describe their relationship to other rules. Doctrinal legal research is consequently involved with the finding and advancement of legal doctrines and it sheds light on the nature of a law11In order to address the objectives namely to critically investigate what actually constitutes as a fair trial in international criminal court proceedings, to critically identify and analyse how fundamental rights of defendants have been upheld or declined during international criminal court proceedings ,to critically identify and analyse how fundamental rights of victims/witnesses have been upheld or declined during international criminal court proceedings and To make recommendations as to how the international criminal courts can balance the rights of victims /witnesses and defendants during international criminal court proceedings doctrinal legal research method will be used. Primary and supplementary Sources such as books, journals/articles, statutes and cases will be used to carry out in-depth investigations of the various objectives. The sources will help bring out what is the law on the matter and then appropriate recommendations can be made on how to improve the steadiness of fundamental human rights between the interest of victims/witnesses and defendants under the planetary criminal court proceeding. This approach clears up any vagueness in the law and also shed light on the nature of the law on the matters above.BibliographyAzam MM and Open take hold Publishers., Intellectual Property and in the public eye(predicate) Health in the Developing terra firma (Open Book Publishers 2016)Chynoweth P, Legal look into (2008) accessed 4 January 2017Cogan JK, outside(a) nefarious Courts and Fair Trials Difficulties and Prospects (2016) 27 Yale daybook of planetary Law Article accessed 6 January 2017ECHR, European Convention on Human Rights (2014) accessed 30 December 2016Kremens K, The security measures of the Accused in International savage Law according to the Human Rights Law standard1 (2011) 1 Wroclaw Review of Law, judgeship EconomicsMoffett L, Meaningful and Effective? Considering Victims Interests through Participation at the International Criminal Court (2015) 26 Criminal Law Forum 255Rigney S, The wrangle Dont Fit You Recharacterisation of the Charges, Trial Fairness, and Katanga (2014) VOL15(1) Melbourne Journal of International Law accessed 4 January 2017 customary settlement of Human Rights accessed 30 December 2016WHAT IS A FAIR TRIAL? A grassroots Guide to Legal Standards and Practice Lawyers Committee for Human Rights (2000) accessed 6 January 2017Zappala S, The Rights of Victims v. The Rights of the Accused (2010) 8 Journal of International Criminal justness 137Citations, Quotes AnnotationsUniversal Declaration of Human Rights accessed 30 December 2016Universal Declaration of Human Rights p1 p8 accessed 30 December 2016.Article 10Everyone is entitled in full equality to a fair and public hearing by an case-by-case and impartial tribunal, in the determina tion of his rights and obligations and of any criminal charge against him Universal Declaration of Human Rights p1 p8 accessed 30 December 2016.Zappala S, The Rights of Victims v. The Rights of the Accused (2010) 8 Journal of International Criminal Justice 137better that ten guilty persons make do than that one innocent suffers S Zappala, The Rights of Victims v. The Rights of the Accused (2010) 8 Journal of International Criminal Justice 137, p137 p164.1 Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against himUniversal Declaration of Human Rights p1 p8 accessed 30 December 2016.2 ECHR, European Convention on Human Rights (2014) accessed 30 December 20163 Sophie Rigney, The Words Dont Fit You Recharacterisation of the Charges, Trial Fairness, and Katanga (2014) VOL15(1) Melbourne Journal of International Law accessed 4 Janua ry 2017.4 WHAT IS A FAIR TRIAL? A Basic Guide to Legal Standards and Practice Lawyers Committee for Human Rights (2000) accessed 6 January 2017.5 Jacob Katz Cogan, International Criminal Courts and Fair Trials Difficulties and Prospects (2016) 27 Yale Journal of International Law Article accessed 6 January 2017.6 Luke Moffett, Meaningful and Effective? Considering Victims Interests through Participation at the International Criminal Court (2015) 26 Criminal Law Forum 255.7 Karolina Kremens, The Protection of the Accused in International Criminal Law according to the Human Rights Law standard1 (2011) 1 Wroclaw Review of Law, Administration Economics.8 As Judge Richard May and Marieke Wierda argue, the object and purpose of the modern tribunals are to contribute to the restoration and maintenance of peace and security in the former Yugoslavia and RwandaKarolina Kremens, The Protection of the Accused in International Criminal Law according to the Human Rights Law standard1 (2011) 1 Wroclaw Review of Law, Administration Economics p26 p48.9 better that ten guilty persons escape than that one innocent sufferS Zappala, The Rights of Victims v. The Rights of the Accused (2010) 8 Journal of International Criminal Justice 137, p137 p164.10 Paul Chynoweth, Legal Research (2008) accessed 4 January 2017.11 Mohammad Monirul Azam and Open Book Publishers., Intellectual Property and Public Health in the Developing World (Open Book Publishers 2016).