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Language and the Right to Fair Hearing in International Criminal Trials (Hardcover, 2014 ed.)
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Language and the Right to Fair Hearing in International Criminal Trials (Hardcover, 2014 ed.)
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Language and the Right to Fair Hearing in International Criminal
Trials explores the influence of the dynamic factor of language on
trial fairness in international criminal proceedings. By means of
empirical research and jurisprudential analysis, this book explores
the implications that conducting a trial in more than one language
can have for the right to fair trial. It reveals that the language
debate is as old as international criminal justice, but due to
misrepresentation of the status of language fair trial rights in
international law, the debate has not yielded concrete reforms.
Language is the core foundation for justice. It is the means
through which the rights of the accused are secured and exercised.
Linguistic complexities such as misunderstandings, translation
errors and cultural distanceamong participants in international
criminal trials affect courtroom communication, the presentation
and the perception of the evidence, hence jeopardizing the
foundations of a fair trial.
The author concludes that language fair trial rights are priority
rights situated in the minimum guarantees of fair criminal trial;
the obligation of the court to ensure fair trial or accord the
accused person a fair hearing also includes the duty to ensure they
can understand and be understood."""
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