Human Rights in International Criminal Proceedings

This book takes a procedural approach to human rights guarantees in international criminal proceedings and covers both the systems of the ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court. It analyzes the rights conferred on individuals involved ininternational criminal trials from the commencement of investigations to the sentencing stage, as well as the procedural rights of victims and witnesses. The study focuses on problems which have emerged in three main areas: (i) length of proceedings; (ii) absence of specific sanctions and other remedies for violation of procedural rules; (iii) the need to strengthen the protection of the accused from undue interference with his rights (likely to becaused by a variety of factors, such as conflicting governmental interests, the presence of malicious witnesses, or inadequate legal assistance). Three general suggestions are made to reduce the impact of these weaknesses. First, it could be helpful to adopt specific sanctions for violation ofprocedural rules (such as, the exclusion of evidence as a remedy for violations of rules on discovery). Second, (as has already been provided for in the ICC Statute,) the Prosecutor of the ad hoc Tribunals should play a proactive role in the search for the truth, by among other things gatheringevidence that might exonerate the accused. Third, the right of compensation for unlawful arrest (or detention) and unjust conviction, provided for in the ICC Statute, should be extended to other serious violations of fundamental rights, and in addition should be laid down in the Statutes of the ICTYand ICTR.

After having completed his studies in Law at the University of Catania, in 1995, Salvatore Zappala worked for the UN Tribunal for the former Yugoslavia, in The Hague, first in the Registry and subsequently in Chambers (1995-1997).
He left The Hague in September 1997 to do his Ph.D. in Legal Sciences at the European University Institute (FI) under the supervision of Prof. Philip Alston (1997-2000). He defended his thesis in June 2000.
In the academic year 2000/2001 he joined the University of Pisa, where he currently works as lecturer in international law. He also teaches international law at the Naval Academy of Livorno.