The International Law Review Association: Online Forum
Abstract
The right to a fair trial is not just protected by a state’s domestic statute but also by international law under the 1949 Geneva Convention. In the most basic sense, a fair trial theoretically requires competent courts, penalty proportionality, proper notification, right of defense, right of appeal, and restrictions on the issuance of the death penalty. However, the requirements set by international law often fail to account for the desire of justice that may diminish the true fairness of a trial even though all requirements are present. This note examines the recent domestic war crime trials conducted by Ukraine during the ongoing Russo-Ukraine War and their compliance with a fair trial under international law. Further, this note discusses advantages, disadvantages, and alternatives to domestic prosecution for war crimes.
Recommended Citation
Bronwyn Tuff,
Case Note,
All is Fair in Love and War: But What About War Trials?,
ILRA Student Forum
(2022)
