Fairness and Rights in International Criminal Procedure

Through an in—depth critical analysis of procedural decisions at the ICTY and ICC between 2008 and 2018, Sophie Rigney shows that there is a clear separation between fairness and rights in practice. She demonstrates the various ways that fairness is invoked in international criminal law decisions — ways that are not always consistent, and are frequently at odds with defendants’ rights. She builds a new theoretical framework for understanding the concept and application of fairness and right...