The Right to a Fair Trial: Balancing Safety and Civil Liberties

Authors

• Ana D. Bostan, Ministry of Justice (Romania)

Abstract

The article argues that the right to a fair trial, as enshrined in the International Covenant on Civil and Political Rights (ICCPR), is non-derogable even in emergency situations, and that post-9/11 measures such as the U.S. military commissions and the U.K.'s anti-terrorism laws violate these standards. It contends that the existing ICCPR framework is sufficient to address terrorism while preserving human rights and that derogation from fair trial guarantees undermines the rule of law and international cooperation.

Disciplines

Human Rights Law | International Law | Law

Recommended Citation

Ana D. Bostan, The Right to a Fair Trial: Balancing Safety and Civil Liberties, 12 Cardozo J. Int'l & Comp. L. 1 (2004).
Available at: https://larc.cardozo.yu.edu/cjicl/vol12/iss1/3