Criminal proceedings from a human rights perspective : theory of the fair trail and the Lubanga case before the ICC

Abstract

The Fair Trial enjoys global recognition as a Human Right. The norms that regulate the proceedings, which apply the Fair Trial in practice, are essential to it and as such must be respected. Despite the particularities of every legal system, there are common grounds that define the Fair Trial. This subject is particularly sensitive in criminal proceedings due to the special nature of the crimes and penalties. The compliance of the Fair Trial is a duty of every judicial actor. The Fair Trial is for victims, society and the accused person too. The International Criminal Court, at a legislative level, has included procedural norms that are consistent with the generally accepted concept of the Fair Trial. However, its practice in the Lubanga Case has been dramatic. The noncompliance of the procedural norms with regards evidence matters by the Prosecutor has violated important procedural rights of the accused which are essential elements of the Human Right to a Fair Trial. The problem has been solved but with excessive delay more consistent with the procedural norms that define the Fair Trial in the future.