Wednesday, December 15, 2021

Most Interesting 2021: Clooney & Webb, The Right to a Fair Trial in International Law

The fourth in our series "Most Interesting 2021":
Amal Clooney & Philippa Webb, The Right to a Fair Trial in International Law (Oxford Univ. Press 2021)

The book devotes a chapter to the thirteen components of the right to a fair trial under Article 14 of the International Covenant on Civil and Political Rights and includes another chapter on remedies. It makes plain the origin, rationale, and scope of the right based not only on the vast jurisprudence of the European Court of Human Rights (ECtHR) and Human Rights Committee, but also on the emerging jurisprudence of the Inter-American Court of Human Rights, African Court on Human and Peoples’ Rights, and international criminal courts.

The book adopts a largely analytical perspective, identifying areas of convergence and divergence in the case law, but also offers short critiques to conclude each chapter. As such, the book will be particularly welcomed by lawyers and adjudicators involved in the works of international human rights bodies and international criminal courts, who will turn to it to quickly grasp concepts and efficiently trace pertinent materials. Practitioners will find numerous factual scenarios—from detainees at Guantánamo Bay to the former President of the Maldives—illustrating how the components of a fair trial apply in practice. As the book’s mastery of sources matches its technical craftsmanship, it represents a timely, authoritative, and engaging contribution to the international standard of a fair trial.

Jonathan Brosseau-Rioux
PhD Candidate
Sorbonne Law School