*/
By Amal Clooney and Philippa Webb
ISBN 9780198808398
Oxford University Press (2021)
Reviewed by Admas Habteslasie
The Right to a Fair Trial in International Law provides a detailed overview of international law jurisprudence on the right to a fair trial. The authors both practise international law at the English Bar and teach the subject as academics.
As the authors point out in their introduction, the right to a fair trial lies at the heart of the human rights regime because, without it, other rights are at risk. Furthermore (as the authors also note), the need for vigilance in its enforcement is underscored by the fact that breaches of fair trial protections can be indicators of some pernicious or dehumanising government agenda that might otherwise be difficult to detect.
The centrepiece of the protection of the right to a fair trial in international law is Article 14 of the International Covenant on Civil and Political Rights (ICCPR) – which also formed the starting point for Article 6 of the European Convention on Human Rights. The book is structured to reflect 13 identified components of the right to a fair trial under Article 14 of the ICCPR, with a lengthy introductory chapter dealing with broader themes such as the customary status of the right and interrelationship with other international law protections.
Many of the specific rights set out in Article 14 of the ICCPR are focused on the right to a fair trial in the context of criminal proceedings and the book, accordingly, is focused on fair trial protections as they arise in criminal proceedings. That is not to say that the book will have relevance only for international law practitioners dealing with criminal proceedings: the more general components of the right to a fair trial apply to both civil and criminal proceedings; and some of the component rights that prima facie apply in criminal proceedings can be relevant in the context of civil proceedings. Moreover, the assessment of whether or not a state has complied with fair trial standards can arise in a variety of proceedings and situations, particularly in the context of domestic administrative law challenges.
The book presents a detailed and compendious survey of the various components of the right to a fair trial, with citations from the full range of international fora, from judgments of international courts and ad hoc tribunals to decisions of treaty committees and working groups. The comprehensive overview is particularly helpful, not least in allowing the reader to compare and consider differing approaches to the right to a fair trial across different international fora. Interesting points of overlap and divergence in this respect are also highlighted by the authors.
The layout is generally as helpful as could be hoped for (at least from a practitioner’s perspective). A detailed table of cases/decisions and international instruments is provided at the start of the book. Each chapter is broken down into sub-headings (and, where appropriate, sub-sub-headings) with a detailed contents page allowing for painless navigation. The book is as user-friendly for looking up specific points as for an overview of an unfamiliar topic.
Overall, The Right to a Fair Trial in International Law looks to be a welcome addition to any international law library and, for those undertaking research in relation to fair trial breaches in the criminal law context in particular, the book will be an invaluable resource and stands to establish itself as the first port of call.
The Right to a Fair Trial in International Law provides a detailed overview of international law jurisprudence on the right to a fair trial. The authors both practise international law at the English Bar and teach the subject as academics.
As the authors point out in their introduction, the right to a fair trial lies at the heart of the human rights regime because, without it, other rights are at risk. Furthermore (as the authors also note), the need for vigilance in its enforcement is underscored by the fact that breaches of fair trial protections can be indicators of some pernicious or dehumanising government agenda that might otherwise be difficult to detect.
The centrepiece of the protection of the right to a fair trial in international law is Article 14 of the International Covenant on Civil and Political Rights (ICCPR) – which also formed the starting point for Article 6 of the European Convention on Human Rights. The book is structured to reflect 13 identified components of the right to a fair trial under Article 14 of the ICCPR, with a lengthy introductory chapter dealing with broader themes such as the customary status of the right and interrelationship with other international law protections.
Many of the specific rights set out in Article 14 of the ICCPR are focused on the right to a fair trial in the context of criminal proceedings and the book, accordingly, is focused on fair trial protections as they arise in criminal proceedings. That is not to say that the book will have relevance only for international law practitioners dealing with criminal proceedings: the more general components of the right to a fair trial apply to both civil and criminal proceedings; and some of the component rights that prima facie apply in criminal proceedings can be relevant in the context of civil proceedings. Moreover, the assessment of whether or not a state has complied with fair trial standards can arise in a variety of proceedings and situations, particularly in the context of domestic administrative law challenges.
The book presents a detailed and compendious survey of the various components of the right to a fair trial, with citations from the full range of international fora, from judgments of international courts and ad hoc tribunals to decisions of treaty committees and working groups. The comprehensive overview is particularly helpful, not least in allowing the reader to compare and consider differing approaches to the right to a fair trial across different international fora. Interesting points of overlap and divergence in this respect are also highlighted by the authors.
The layout is generally as helpful as could be hoped for (at least from a practitioner’s perspective). A detailed table of cases/decisions and international instruments is provided at the start of the book. Each chapter is broken down into sub-headings (and, where appropriate, sub-sub-headings) with a detailed contents page allowing for painless navigation. The book is as user-friendly for looking up specific points as for an overview of an unfamiliar topic.
Overall, The Right to a Fair Trial in International Law looks to be a welcome addition to any international law library and, for those undertaking research in relation to fair trial breaches in the criminal law context in particular, the book will be an invaluable resource and stands to establish itself as the first port of call.
By Amal Clooney and Philippa Webb
ISBN 9780198808398
Oxford University Press (2021)
Reviewed by Admas Habteslasie
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
National courts are now running the bulk of the world’s war crimes cases and corporate prosecutions are part of this growing trend, reports Chris Stephen