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International Business Law

Article 14 of the International Covenant on Civil and Political Rights represents the core of the criminal justice system within International Law

International Business Law:The right of the fair tribunal is fundamental as well as a major right of individuals all over the globe protected in many international instruments. The government makes a significant impact to preserve law and order on the behalf of the citizens of the country, so the government can further hold people to make them responsible for their crimes; they have committed and to guarantee that justice is suitably implemented.  However, this carries an immense obligation, as sentencing a criminal for their offence and conceivably taking away their liberty which is probably the most serious and effective step that is taken by the government against an individual. But, there is a possibility, that the step which is taken against the individual is only justified after s/he is given a Fair Trial.[1] The Right to a Fair Trial means that people living in a society can assure that processes and decisions followed by the government will be fair and certain. By definition, a fair tribunal is the best means of separating the innocent from the guilty in order to protect the law-abiding against injustice. The right to a fair tribunal is possibly among the most important foundations of a non-discriminatory society.  It is further stated as the most heavily litigated human rights, one of the most particularized and dynamically interpreted rights today, as it is specified as the ‘judge-made law’ in the precise sense of developing the world.[2]

Upon the amalgamation of its international instruments such as “articles 6,7,10 and 11(UDHR); article 14 and 15 (ICCPR); articles 6, 8 (ECHR); articles 3, 8 and 10 (ACHR); articles 3 and 7 (ACHPR); and articles 22(1), 23, 24, 55, 63, 66 (ICC), the Rights to Fair Trial demonstrates the principle of equality.” Equality before the law required all people to have equal access to the courts and to be seen as an equal individual in law, and in an unprejudiced manner. Among the international instruments, Article 14 of ICCPR represents the principle of justice within the system of international law.[3]

Acquiescence with the provisions of article 14 is an obligatory precondition to assure the fairness in criminal actions.

As stated earlier, Article 14 is one of the most neglected of ICCPR signifies the core of the justice present in the criminal system; therefore, it generates some basic principles. These principles are exclusion on the retrospective penal legislature, establishing a sovereign and unprejudiced court, presupposition regarding a guilty, public hearing, double jeopardy, appeal hearing and minimum guarantees for criminal trials. According to the article 14, all individuals will be equal before the courts and tribunals. [4] This describes that every person regardless of their sexual orientation, gender, race, color, language, religion, governmental or other different views, and link with a national minority, property, birth or any other status will be treated as equal in the court and trials. [5] ……………………….