The Right to a Fair Trial during Armed Conflict

Authors

  • DAVIT JAVAKHISHVILI

Abstract

The right to a fair trial is the bedrock of the other fundamental human rights. The scope of this right changes in the time and space, however, the essence remains the same: to protect the individual from the violation of her/his rights and allow to prove her/his truth. Within the scope of international law, enforcement of the right to a fair trial faces the most severe challenges during the operation of the International Humani#arian Law (IHL). Taking into consideration the reality of contemporary Georgia, namely armed conflict hotspots in the country, occupation and pending investigation of the International Criminal Court (ICC) in the situation of Georgia (concerning the alleged international crimes committed in the context of an international armed conflict), the right to a fair trial in that regard has a specific relevance. Aim of the present paper is to introduce readers to the efficiency of the right to a fair trial during armed conflicts; to analyze what is the national/international legal framework for the functioning of the military court and assess whether the aforementioned court can satisfy international standards to guarantee the right to a fair trial. Present paper reviews practice of the European Court of Human Rights (ECtHR), Constitutional Court of Georgia, and International Military Tribunals.

Published

2020-07-30

How to Cite

JAVAKHISHVILI, D. (2020). The Right to a Fair Trial during Armed Conflict. Levan Alexidze Journal of International Law (LAJIL) , 1(1). Retrieved from http://laf.ge/journals/index.php/test/article/view/4