Fairness and the Goals of International Criminal Trials

Finding a Balance

Caleb H Wheeler (Lecturer in Law, Cardiff University, UK)

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Hardback

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English

Routledge
28 April 2023

Criminology: legal aspects; International human rights law; Constitutional & administrative law; Criminal justice law; Sentencing & punishment

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.

By: Caleb H Wheeler (Lecturer in Law Cardiff University UK)
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 512g
ISBN: 9780367461645
ISBN 10: 0367461641
Pages: 184
Publication Date: 28 April 2023
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

Caleb H Wheeler is a lecturer in law at Cardiff University, UK. He has written extensively on international criminal courts and tribunals, international criminal trials and the rights of trial participants. This is his second book.